Terms of Service
1. Overview
Welcome to Luminous Fine Art by Krasimir Ganchev! The terms “we”, “us” and “our” refer to Luminous Fine Art by Krasimir Ganchev (“Luminous Fine Art”). Luminous Fine Art operates this store and website, including all related information, content, features, tools, products and services (the “Services”). The Services are powered by Shopify. These Terms of Service (the “Terms”) describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use or access the Services. Purchases you make through the Services are also governed by our Terms of Sale. In the event of a conflict between these Terms and the Terms of Sale regarding a purchase, the Terms of Sale control.
2. Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given consent for any minor dependents to use the Services on devices you own or manage. To use the Services, including browsing or purchasing, you may be asked to provide information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account.
3. Our Products
We strive to present accurate information in our online store. However, on-screen colors may differ from final production due to device, calibration, substrate, and process. All visualizations, room mockups, and previews are provided for illustrative purposes only and are not to scale; they may not reflect your selected size, finish, or framing. All product descriptions and availability are subject to change without notice at our discretion. We may discontinue products and limit quantities to any person, region, or jurisdiction. We do not warrant that the appearance or quality of any product or service will meet your expectations.
4. Orders
When you place an order, you make an offer to purchase. Luminous Fine Art may accept or decline your order at its discretion; your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. Purchases are governed by our Terms of Sale (including Returns, Cancellations, Shipping, and Risk of Loss). You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
5. Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will appear in your order confirmation. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and to promptly update your information as needed. You represent and warrant that you are authorized to use the payment method provided and that charges will be honored; you agree to pay all amounts due, including taxes and shipping.
6. Shipping and Delivery
All delivery times are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you. Some oversize works ship via palletized (LTL) freight; delivery is typically curbside and may require a scheduled appointment. For shipping, insurance, duties, and risk‑of‑loss details, see our Terms of Sale.
7. Intellectual Property
The Services, including all trademarks, brands, text, images, graphics, video, audio, and the design and arrangement thereof, are owned by Luminous Fine Art, its affiliates, or licensors and are protected by U.S. and foreign laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, or publicly display any material from the Services without prior written consent. Nothing herein grants a license under any patent, trademark, copyright, or other intellectual property of Luminous Fine Art, Shopify, or any third party. All rights not expressly granted are reserved.
8. DMCA Notice & Takedown
We respect intellectual property rights and expect users to do the same. If you believe that content on the Services infringes your copyright, please submit a notice compliant with 17 U.S.C. §512(c)(3) via our Contact page. Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URL); (d) your contact information; (e) a statement that you have a good‑faith belief that use of the material in the complained‑of manner is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If we receive a compliant notice, we may remove or disable access to the material; if you believe removal was in error, you may submit a counter‑notification as permitted by 17 U.S.C. §512(g). We may terminate users who repeatedly infringe.
9. Optional Tools
You may be provided access to tools offered by third parties, which we do not control. We provide access to such tools “as is” and “as available,” without warranties or endorsements. Use of any optional third‑party tools is at your own risk and subject to the third party’s terms. Future features may be offered as part of the Services and will also be subject to these Terms.
10. Third‑Party Links
The Services may contain materials and links to third‑party websites or functionality. We are not responsible for examining or evaluating such content and are not liable for any harm arising from your access to third‑party sites or services. Review third‑party policies carefully; complaints and claims related to third‑party products or services should be directed to the third party.
Linking to the Services. You may link to public pages in a manner that is fair and lawful and does not damage our reputation or suggest endorsement. We may withdraw linking permission and block links at any time in our discretion.
11. Promotions
From time to time we may offer sweepstakes, contests, or other promotions. Participation is subject to the specific rules posted for that promotion, which will control in the event of a conflict.
12. Relationship with Shopify
Luminous Fine Art is powered by Shopify, which enables us to provide the Services. Sales and purchases you make are with Luminous Fine Art, not Shopify. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Luminous Fine Art, and you release Shopify from claims arising from such transactions.
13. Privacy Policy
Personal information we collect is subject to our Privacy Policy, and certain data may be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you submit may be processed by Shopify and certain partners, which may be located in other countries. Review our Privacy Policy for details on how we, Shopify, and partners use your personal information.
14. Feedback
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose. This license does not apply to photographs or measurements you provide solely for custom visualizations; we use those only to create mockups for you and to maintain order records.
Unsolicited Ideas. We do not accept unsolicited ideas or proposals (e.g., product designs, marketing plans). If you nevertheless send them, you agree we have no obligations (confidentiality, compensation, review) and may use similar ideas without restriction. This does not apply to materials you provide for custom visualizations.
15. Errors, Inaccuracies and Omissions
Information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct errors and to change or update information or cancel orders if information is inaccurate, without prior notice (including after you submit an order).
16. Prohibited Uses
- Use the Services for unlawful purposes or in violation of any law.
- Infringe intellectual property rights.
- Harass, abuse, or harm others, or transmit false or misleading information.
- Send spam or upload malicious code.
- Reproduce, sell, or exploit any portion of the Services.
- Collect personal information of others without consent.
- Interfere with or circumvent security features.
17. Termination
We may terminate these Terms or your access to the Services at any time in our sole discretion without notice, and you remain liable for amounts due up to the date of termination. Sections that by their nature should survive termination will survive, including Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and Privacy Policy.
18. Disclaimer of Warranties
The Services and all products offered through the Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non‑infringement. We do not guarantee that the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions do not allow certain disclaimers; if so, those limitations may not fully apply to you.
19. Limitation of Liability
To the fullest extent permitted by law, in no case shall Luminous Fine Art, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, replacement costs, or similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of the Services or any product procured using the Services, even if advised of the possibility. In all events, our total liability relating to any product you purchase is limited to the amount you paid for that product.
20. Indemnification
You agree to indemnify, defend, and hold harmless Luminous Fine Art, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third‑party rights, or your access to and use of the Services. We may control the defense and settlement of any indemnified claim at your expense; you will cooperate as reasonably requested.
21. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted, and the unenforceable portion will be deemed severed without affecting the validity of remaining provisions.
22. Waiver; Entire Agreement
Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with policies posted on the Services, constitute the entire agreement between you and us regarding the Services and supersede prior agreements and communications. Any ambiguities in interpretation shall not be construed against the drafting party.
23. Assignment
You may not assign, transfer, or delegate these Terms or any rights or obligations without our prior written consent. We may assign or transfer these Terms without notice.
24. Dispute Resolution; Arbitration; Class Action Waiver
Informal Resolution. Before filing any claim, you agree to contact us and attempt to resolve the dispute informally. If we cannot resolve it within 30 days, either party may initiate arbitration as described below.
Binding Individual Arbitration. Except for claims that may be brought in small‑claims court and for claims seeking injunctive relief for intellectual‑property misuse, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product you purchase will be resolved by binding individual arbitration under the U.S. Federal Arbitration Act, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration may be conducted remotely, by telephone, or on written submissions; if a hearing is held, it will occur in the county where you reside or in Orange County, California, as you choose.
Class and Representative Action Waiver. YOU AND LUMINOUS FINE ART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Opt‑Out. You may opt out of arbitration and the class action waiver by sending written notice of your decision within 30 days of your first use of the Services or your first purchase (whichever occurs first). Send your opt‑out notice with your name, address, email used with your account, and a clear statement that you wish to opt out of arbitration to the contact address on our Contact page. Opting out will not affect other provisions of these Terms.
Fees and Costs. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Consumer Rules. We will reimburse fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Each side will bear its own attorneys’ fees and costs, unless the arbitrator awards them under applicable law.
Severability and Survival. If the class action waiver is found unenforceable as to a particular claim, then the entirety of this arbitration agreement shall be null and void as to that claim, and the claim must proceed in court. This Section survives termination of these Terms.
25. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict‑of‑laws rules. You and Luminous Fine Art consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California.
26. International Access; Export Controls
The Services are operated from the United States and may not be appropriate or available in all jurisdictions. You are responsible for compliance with local laws. You agree to comply with all U.S. and international export, sanctions, and trade laws and not to use or export the Services or products in violation of such laws (including those administered by OFAC and the U.S. Department of Commerce). We may limit the Services or product availability by territory at any time.
27. Headings
Headings are for convenience only and do not limit or affect these Terms.
28. Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We may update or change these Terms by posting a revised version to the Services. We will provide notice of material changes as required by law; changes take effect on the date specified in the notice. Your continued use of the Services after changes become effective constitutes acceptance.
29. Notice for California Users
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Sacramento, CA 95834, or (916) 445‑1254 or (800) 952‑5210.
30. Contact Information
Questions about these Terms of Service should be sent to us through our Contact page.