Last updated: July 24, 2026
These Terms of Service and Sale (“Terms”) govern your use of the website located at https://www.artofgems.studio and any purchase made through the Art of Gems online store.
The store is operated by Valentyna Zhytnyk, doing business as Art of Gems (“Art of Gems,” “Seller,” “we,” “us,” or “our”).
By accessing the website, placing an order, or completing checkout, you agree to these Terms and acknowledge that you have read our Privacy Policy.
Shopify provides the ecommerce platform and checkout infrastructure used by this store but is not the seller of the artworks offered through the website.
1. Eligibility and Scope
You must have the legal capacity to enter into a binding contract in your country or place of residence to place an order.
Products may be purchased only in countries and regions that are available as shipping destinations during checkout.
You agree to provide accurate, current, and complete information when placing an order, including your name, email address, billing information, shipping address, and telephone number where required for delivery.
2. Artworks and Product Information
Art of Gems offers original, handmade, and generally one-of-a-kind artworks created by Valentyna Zhytnyk. Artworks may incorporate natural gemstones, minerals, organic materials, textured media, and other artistic elements.
Each product listing, including its description, photographs, dimensions, materials, price, and availability, forms part of these Terms.
Because the artworks are handmade and may contain natural materials:
- variations in color, texture, pattern, shape, clarity, inclusions, and surface appearance may occur;
- photographs may appear different depending on lighting, photography, screen settings, and device display;
- measurements may be approximate;
- natural variations and artistic irregularities are part of the character of the artwork and are not necessarily defects.
We make reasonable efforts to display and describe every artwork accurately. However, we do not guarantee that photographs or colors displayed on your device will reproduce the physical artwork exactly.
We reserve the right to correct product descriptions, prices, availability, and other errors before accepting an order.
3. Prices, Currency, Taxes, and Charges
Product prices are displayed in the currency shown on the website or during checkout. The price and currency shown during checkout will control the transaction.
Unless otherwise stated, the product price does not include:
- shipping charges;
- customs duties;
- import taxes;
- brokerage or handling fees;
- currency-conversion charges;
- charges imposed by your bank, card issuer, or payment provider.
Applicable shipping charges and taxes collected by the store will be displayed during checkout where they can be calculated.
If a product is listed at an obviously incorrect price because of a technical, typographical, or administrative error, we may correct the error and cancel the affected order. If payment has already been collected, the amount paid will be refunded.
4. Orders and Contract Formation
Adding an artwork to your cart does not reserve it.
After you place an order, you may receive an automated order confirmation. This confirms that the order was received but does not necessarily mean that the order has been accepted.
An order is accepted when we confirm acceptance or dispatch the artwork, whichever occurs first.
We reserve the right to reject or cancel an order when:
- the artwork is unavailable or has already been sold;
- payment cannot be authorized or verified;
- the order appears fraudulent or unauthorized;
- the shipping address cannot be serviced;
- legal or customs restrictions prevent shipment;
- an obvious pricing, inventory, or technical error has occurred; or
- the order violates these Terms.
If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled order to the original payment method.
5. Payment Processing
Payments are processed securely through Shopify Checkout, using Shopify Payments or another payment provider offered during checkout.
Art of Gems does not directly receive or store your complete payment card number or card security code.
Your payment may also be subject to the terms and privacy practices of Shopify, your bank, card issuer, or the payment provider selected during checkout.
You authorize the applicable payment provider to charge the total amount displayed during checkout.
6. Shipping and Delivery
Art of Gems ships to the countries and regions available at checkout.
Shipping charges depend on factors such as:
- destination;
- artwork size and weight;
- packaging requirements;
- insurance availability;
- delivery method; and
- selected shipping carrier.
Estimated delivery dates are provided for reference only and are not guaranteed.
Delivery may be delayed by circumstances outside our reasonable control, including:
- carrier delays;
- customs inspections;
- import procedures;
- weather conditions;
- natural disasters;
- strikes;
- government restrictions;
- international disruptions; or
- incorrect or incomplete delivery information.
The customer is responsible for reviewing and confirming the shipping address before completing checkout. Additional shipping costs resulting from an incorrect or incomplete address may be charged to the customer where permitted by law.
Artworks will be packaged using materials reasonably selected to protect them during transportation. Shipping insurance or tracking will be used where available and appropriate.
Ownership and risk of loss will transfer in accordance with applicable law. Where permitted by law, ownership transfers after full payment, and risk transfers when the order is delivered to the customer or an authorized recipient.
7. Customs Duties and Import Requirements
For international orders, the customer may be considered the importer of record unless otherwise stated.
The customer is responsible for:
- customs duties;
- import taxes;
- brokerage fees;
- local handling charges;
- required permits or documentation; and
- compliance with the import laws of the destination country.
Customs authorities may delay, inspect, or refuse a shipment. We are not responsible for delays caused by customs authorities.
If a shipment is refused, unclaimed, or returned because customs charges were not paid, we may deduct the original shipping cost, return shipping cost, customs charges, and other expenses from any refund, where permitted by law.
8. Inspection, Damage, Incorrect Orders, and Lost Shipments
Please inspect the artwork and packaging promptly after delivery.
If an artwork arrives damaged or you receive the wrong artwork, contact us as soon as possible, preferably within 48 hours of delivery, and provide:
- your order number;
- a description of the issue;
- clear photographs of the artwork;
- photographs of the shipping box;
- photographs of the internal packaging; and
- photographs of any visible damage to the package.
Please retain all original packaging until the claim has been resolved, as the shipping carrier may require it for inspection.
The 48-hour notification period helps us submit a timely claim to the shipping carrier. It does not limit any mandatory legal rights you may have under applicable consumer law.
If tracking shows an order as lost or the order has not arrived within a reasonable time after the estimated delivery date, please contact us so that we can investigate with the carrier.
9. Cancellations, Returns, and Refunds
Because the artworks are original, handmade, and often one of a kind, Art of Gems does not generally offer voluntary returns for a change of mind unless the product listing expressly states otherwise.
However, nothing in these Terms excludes or limits mandatory consumer rights that apply in your country or place of residence.
Where applicable law grants you a statutory cancellation or cooling-off right for an online purchase, you may exercise that right within the legally required period.
Custom-made, commissioned, personalized, or specifically modified artworks may be excluded from cancellation or return rights where permitted by applicable law.
To request a cancellation or return:
- Contact us before sending the artwork back.
- Provide your order number and reason for the request.
- Wait for return instructions and authorization.
- Return the artwork in its original condition and packaging using a tracked and adequately insured shipping method.
Do not return an artwork without first receiving return instructions.
For an authorized change-of-mind return, the customer is responsible for return shipping, insurance, customs charges, and import-related costs unless applicable law requires otherwise.
If the artwork is damaged, incorrect, defective, or materially different from its description, we will provide an appropriate remedy as required by law, which may include repair, replacement where possible, a price adjustment, or a refund.
Any approved refund will normally be issued to the original payment method after the returned artwork has been received and inspected.
Where permitted by law:
- original shipping charges and customs costs are not refundable for change-of-mind returns;
- a deduction may be made for loss in value caused by handling beyond what is reasonably necessary to inspect the artwork; and
- refunds may be reduced by unpaid return shipping, customs, or carrier charges.
If you wish to cancel an order before shipment, contact us immediately. We will try to accommodate the request, but cancellation cannot be guaranteed once preparation or shipping has begun.
10. Authenticity
Unless a product listing expressly states otherwise:
- each artwork sold by Art of Gems is an original handmade creation by Valentyna Zhytnyk;
- the artwork is not a mass-produced copy or reproduction; and
- only one physical original of that artwork is offered for sale.
A certificate of authenticity is included only when stated in the product listing or order confirmation.
11. Artwork Care, Display, and Installation
The customer is responsible for the proper handling, care, display, storage, transportation, and installation of the artwork after delivery.
Artworks containing gemstones, minerals, textured materials, or organic elements should be handled carefully.
Unless otherwise instructed, avoid exposing the artwork to:
- excessive moisture or humidity;
- prolonged direct sunlight;
- extreme heat or cold;
- harsh cleaning products;
- solvents or chemicals;
- strong impacts; or
- unsuitable hanging or mounting systems.
Damage caused by improper installation, handling, storage, cleaning, exposure, modification, or use is not considered a product defect.
Professional installation is recommended for heavy, fragile, or unusually shaped artworks.
12. Intellectual Property
All artworks, photographs, videos, graphics, logos, product descriptions, text, designs, and website content are owned by or licensed to Valentyna Zhytnyk and are protected by applicable intellectual property laws.
Purchasing an artwork transfers ownership of the physical artwork only.
The purchase does not transfer:
- copyright;
- reproduction rights;
- publishing rights;
- licensing rights;
- merchandising rights;
- commercial-use rights;
- digital-use rights; or
- the right to create derivative works.
You may not reproduce, distribute, publish, license, sell copies of, commercially exploit, or create derivative works from an artwork or its images without prior written permission from Valentyna Zhytnyk.
The lawful resale of the physical artwork does not include any transfer of copyright or reproduction rights.
13. Website Use
You agree not to:
- use the website for unlawful, fraudulent, or abusive purposes;
- interfere with the operation or security of the website;
- attempt to gain unauthorized access to the website, accounts, or systems;
- use automated tools to scrape or copy protected website content;
- submit false, misleading, or fraudulent information;
- impersonate another person; or
- reproduce or commercially exploit website content without permission.
We may restrict or terminate access to the website if these Terms are violated.
14. Privacy
Personal information is collected, used, disclosed, and protected as described in our Privacy Policy.
Information may also be processed by Shopify and other providers involved in checkout, payment processing, fraud prevention, shipping, store operation, and legal compliance according to their respective privacy practices.
15. Disclaimers and Limitation of Liability
Nothing in these Terms excludes any warranty, remedy, liability, or consumer right that cannot legally be excluded.
To the fullest extent permitted by applicable law:
- Art of Gems is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages;
- Art of Gems is not liable for loss of profit, business opportunity, goodwill, or anticipated savings; and
- our total liability relating to an order will not exceed the amount paid for the artwork giving rise to the claim.
These limitations do not apply to liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence where such limitation is prohibited.
We do not guarantee that the website will always be uninterrupted, error-free, secure, or available.
16. Events Beyond Our Control
We are not responsible for a failure or delay caused by circumstances outside our reasonable control, including:
- natural disasters;
- severe weather;
- war or civil unrest;
- government action;
- customs restrictions;
- strikes or labor disputes;
- carrier interruptions;
- internet or platform outages;
- cybersecurity incidents;
- supply shortages; or
- public health emergencies.
If such an event materially affects an accepted order, we will make reasonable efforts to notify you and determine an appropriate solution.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law principles.
This choice of law does not deprive a consumer of mandatory protections provided by the laws of their country or place of residence.
Before starting formal legal proceedings, please contact us and provide a description of the issue so that we have a reasonable opportunity to resolve it.
Any dispute that cannot be resolved informally may be brought before a court that has lawful jurisdiction over the dispute.
18. Changes to These Terms
We may update these Terms from time to time.
The revised Terms will be published on this page with an updated revision date.
An order will generally be governed by the version of the Terms in effect when the order was placed, unless applicable law requires otherwise.
19. Severability, Entire Agreement, and No Waiver
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
These Terms, together with the applicable product listing, order confirmation, Privacy Policy, and any other policies referenced during checkout, constitute the agreement relating to your purchase.
A failure to enforce any provision of these Terms does not waive the right to enforce it later.
20. Contact Information
Questions about these Terms, an artwork, an order, shipping, returns, or privacy may be sent to:
Valentyna Zhytnyk
Art of Gems
valentyna@artofgems.studio