Terms of Use of the "Tom Shmueli" Website

1. General

The "Tom Shmuely" website (hereinafter: "the Website") offers the artworks, services, and information featured on the Website subject to the following terms. The Website Terms of Use apply to any use of the Website and the content displayed on it, whether via computer or any other communication device, including the Internet or any other communication network or means. These Terms of Use are written in the masculine form for convenience only and refer equally to all genders.

1.1 Definitions in these terms:

"Content" – Any verbal, visual, auditory, audiovisual content, or any combination thereof, including images, photos, illustrations, graphics, artwork, video files, audio files, software, computer code, and databases.
"Artwork" – Any original work of art by the artist Tom Shmuely, whether displayed on the Website as a ready-for-sale product or as a custom-made commissioned piece.
"Custom Commissioned Artwork" – A unique piece created by the artist specifically for the client according to a pre-agreed specification, including size, colors, subject, or other predetermined features. This also includes ready-made pieces that have been framed or modified upon request.
"Limited Edition Print" – A copy of an original artwork printed in a pre-defined limited quantity, numbered and signed by the artist.
"User" – Anyone browsing, viewing, purchasing products or services, or otherwise using the Website.

1.2 Acceptance of Terms of Use

Use of the Website constitutes acceptance by the user of these Terms of Use, including the Privacy Policy, as detailed below, without limitation or reservation. The user declares that they are aware of and accept the Terms of Use and will have no claim against the owners or operators of the Website except in cases of breach of these terms. The Website owners may modify the Terms of Use at any time by updating this document, and any such changes will be binding from the moment they are published.

2. Eligibility to Participate in Purchases

Any user who meets all of the following criteria may register and make purchases on the Website:

The user is legally competent to perform binding legal actions. If the user is a minor (under 18) or not legally authorized to act without guardian approval, their use of the Website will be considered as having received such approval.
The user holds a valid Israeli ID or is a legally registered corporation in Israel.
The user possesses a valid Israeli or international credit card issued by a recognized company.
The user has an address in Israel and an active email address.

The Website reserves the right to restrict or revoke access to the Website or cancel participation for users whose behavior violates the Terms of Use or disrupts the proper functioning of the Website.

3. Registration and Purchase Confirmation

3.1 Providing Personal Information

Some actions on the Website require users to register and provide personal details including name, email, address, phone number, ID number, and payment information. Some of this information is essential to complete purchases. The user declares that all information provided is accurate, complete, and truthful, and submitted on their own behalf unless expressly authorized to act for someone else. Knowingly providing false or incomplete information is a criminal offense.

3.2 Payment Verification

After a purchase is made, the Website may verify payment details with the credit card company. Upon transaction approval, the order will be processed, and the user notified. If not approved, the user will receive a notification and must contact the Website to resolve the issue within five days, or the order may be canceled.

3.3 Marketing Communications

By agreeing to the Terms of Use, the user consents to receive marketing content via email, SMS, or any provided communication method unless they opt out. The Website owners may send promotional materials related to their products or their business partners. Users can unsubscribe via a link in any message.

4. Products and Display

4.1 Product Types

Products available for purchase include:

Original artworks
Limited edition prints
Custom commissioned artworks
Other art-related items by Tom Shmuely

The Website reserves the right to add or remove products, change their sale terms, or adjust prices and shipping fees at its sole discretion.

4.2 Prices and Presentation

All prices include VAT as required by law. Images on the Website are for illustration only. If there is a discrepancy between an image and the textual description, the text prevails. A variation of up to 10% in color or size may occur. Artworks are inherently unique, and minor variations are part of their artistic nature and not grounds for cancellation unless they fundamentally alter the artwork.

4.3 Product Availability

Products are sold at fixed prices and while supplies last. Orders are subject to availability. If an item is out of stock, the user will be informed. The Website may offer a comparable product or cancel the order and issue a refund if applicable.

5. Payments for Artworks

5.1 Standard Payments

Payments for products and services on the Website are made via credit card or another approved method. Full payment is required at the time of purchase unless stated otherwise.

5.2 Custom Commission Payments

A 30% non-refundable deposit is required for custom commissions. The remaining balance must be paid before shipment. An estimated completion time will be provided, but this may vary based on artistic considerations. The artist will update the client on the progress and any expected delays.

6. Delivery, Shipping & Packaging

6.1 Delivery Methods

Purchased items will be delivered via Israel Post or an external courier service, at the Website’s discretion, to the address provided at the time of order.

6.2 Delivery Times

Delivery will occur within 21 business days from the date of purchase confirmation. For custom commissions, delivery times will be coordinated based on the complexity and agreed upon at the time of order. In case of delays, users will be notified and offered the option to wait, receive a substitute, or cancel and receive a refund.

6.3 Shipping Costs

Shipping fees are the customer’s responsibility and will be listed separately during the checkout process. Listed fees cover standard delivery in Israel and do not include unusual delivery requirements (e.g., stairs without an elevator or special handling). For such cases, additional fees may apply, and the customer will be informed in advance.

6.4 Special Packaging for Artworks

Original artworks and limited edition prints will be specially packaged using art-safe materials to ensure their integrity during shipment. The cost of this special packaging will be detailed separately during the checkout process.

7. Order Cancellation & Returns

7.1 General Cancellation Policy

Under the Israeli Consumer Protection Law, 1981, and its regulations:

For ready-made artworks (non-custom): the customer may cancel the purchase from the date of purchase up to 14 days after receiving the artwork.
For other standard products: cancellation is allowed from the date of purchase up to 14 days after receipt.
For custom-commissioned works: cancellation is not allowed unless the item is defective or significantly deviates from the agreed-upon specifications.

7.2 How to Cancel

Cancellation requests must include order number, full name, and ID number. The item must be returned in its original, unopened packaging without damage or soiling, and accompanied by the original invoice.

7.3 Refunds

If a customer cancels an order, the Website will issue a refund within 10 days of receiving the cancellation notice, minus a handling fee of 5% of the order value or ₪100 (whichever is lower). In addition, a shipping fee of at least ₪89 will apply (higher if original shipping costs were higher due to the nature of the item), plus ₪49 packaging fee plus VAT.
If the cancellation is due to a defective item or a material non-conformance with its description, a full refund will be issued—including shipping costs—and the Website will bear the cost of return shipping.

8. Copyrights & Artwork Usage

8.1 Ownership of Website Content

The Website and its content are protected under Israeli copyright law, international treaties, and the laws of other countries. The Website holds exclusive copyright to all content presented. Any user usage constitutes fair and reasonable use under applicable laws, solely for personal purposes.

8.2 Copyrights in Artworks

All artworks on the Website are the exclusive property of the artist Tom Shmuely and are protected by copyright. Purchasing an artwork grants the customer ownership of the physical object only, not any copyright or commercial usage rights. The following are strictly prohibited without written consent from the artist:

Reproduction or creation of copies
Commercial use, including printing on products, advertising, or public exhibition
Personal, private display of the artwork (e.g. in a home or office) is permitted. The customer must credit the artist in any public sharing (e.g. on social media).

8.3 Documentation & Publicity Approval

By purchasing, the customer grants the artist permission to document the artwork and use it for promotional purposes—including on the Website, social media, exhibitions, catalogs, or other media—while respecting the customer’s privacy. If the customer wishes to restrict the artist’s publicity rights, they must indicate this in writing at the time of purchase.

9. Privacy & Data Protection

9.1 Privacy Policy

User registration and use of the Website, as well as data collection during use, will be handled in accordance with all applicable laws and the Website's Privacy Policy, which is an integral part of these Terms of Use. The Website takes standard security measures to protect user data and uses this information solely for operating the site and facilitating purchases.

9.2 Data Collection

User information may be collected through various technological means for statistical analysis or to protect the Website. Such data will not be used in any way that infringes on user privacy unless the user violates these Terms of Use or acts in a way that harms the Website.

9.3 Data Security

The Website will take reasonable steps to protect user data. However, it does not guarantee absolute protection against unauthorized access or breaches. The Website is not liable for direct or indirect damages resulting from third-party actions, including privacy violations outside the Website’s control.

10. Indemnification

Any user who violates these Terms of Use or engages in actions that harm the Website, its owners, advertisers, or other users, agrees to pay the Website owners at least ₪2,500 per violation as a penalty, without the need to prove damages. This agreement does not prevent the Website owners from seeking additional compensation for any resulting harm.

11. Commercial Content & External Links

The Website may feature third‑party content, including publications or external links. References to third‑party sites do not guarantee their reliability or legality and do not constitute endorsements. Use of third‑party content or links is at the user’s own risk. The Website does not guarantee that links are active or valid and reserves the right to add or remove links at its sole discretion.

12. Changes to the Website

The Website reserves the right to modify the site’s content, products, services, appearance, and design at any time, at its sole discretion and without prior notice.

13. Contact Information

Phone: +972-54-614-0717
Address: Tom Shmuely Studio, Gilad 30, Nirit, Israel

Thank you for supporting original art

Tom Shmuely

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