Terms and Conditions

Welcome to ClayAction.com. By using our web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If your don not agree to these terms, you should not use this site. By proceeding further, you will be deemed to have accepted them. The term “Clay Action” or  "Site" or“us” or “we” or “our” refers to Clay Action.com, the owner of the Web Site. The term “purchaser” or “you” refers to the buyer, user or viewer of our Web Site.

1. Acceptance of Agreement
2. Copyright
3. Trademarks
4. Limited Right to Use
5. Editing Deleting and Modification
6. Exclusion of liability
7. Indemnification
8. Your Privacy
9. Registration
10. Accuracy of information
11. Pricing
12. Methods of Payment
13. Shipping and Packing
14. Risk of Loss
15. Return Policy
16. Customs and Import Duty Information
17. Applicable Law
18. Minors
19. Severability Clause
20. Linking

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Copyright

The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property rights. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.

Other pieces and artists names mentioned on the Site may be intellectual property of their respective owners.

3. Trademarks

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of us, our licensors and suppliers, and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written permission by us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

4. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, or other than for your personal use (but not for resale or redistribution).

5. Editing Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

6. Exclusion of liability

Clay Action, shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by you the user, which arises directly or indirectly upon reliance of the website and/or its content.

Clay Action shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you related to your use of, or your inability to access or use, the content or the website or any functionality of the website, even where the IMC is expressly advised thereof.

7. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

8. Your Privacy

Clay Action respects and is committed to protecting your privacy. We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contact from you. Gathered information will be used exclusively in a lawful way, in order to be able to handle your request and to provide you the best service.  We will not sell or rent this information to anyone. We will not share your information with any third party outside of our site.

Clay Action will not send you unrequested e-mails, except if you have subscribed to our newsletter.

Personal data saved by Clay Action are protected always and at any time in accordance with the data protection act and our internal safety regulations.

Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store.

9. Registration

Some areas of the Site may require you to be or become a registered member of the Site. When and if you register to become a member, you agree to

(a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.

Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to give us an email, which will be used as username and a password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem.

10. Accuracy of information
While every effort is made to ensure that the information provided on the website is current and accurate, you should not assume that the information on the website is always current or accurate, and other sources of this information should be consulted before making any decision to act on the information displayed on this website. Clay Action cannot be held responsible for any errors on this website.

The images on our website are to be used merely as a guide; the true colours of the actual artwork may vary from the digital images viewed online.

11. Pricing
All prices are quoted in Euro (EUR) and includes the Greek value added tax.
Quotations of prices are non-binding in the online shop. It might happen, that the prices are changing and being corrected.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

12. Methods of Payment

We assure you that online ordering is safe and secure.

Please note we will only reserve an item once confirmation of payment is received.

Accepted Payments

1. Credit card

2. Instalment payments free of interest

3. PayPal

4. Payment by deposit in a bank account

5. Cash on Delivery (for Greece only)

Please read Payment Options for further information.

13. Shipping and Packing

The Site is available for purchasers worldwide. You can choose which carrier you prefer. We ship via DHL and EMS express service, insured for the full purchase price. We can ship to street addresses only, no PO Boxes please. We will email a receipt for your shipment on the day of shipping, so that you may track your package. Orders are processed within 24 hours of receipt of valid payment information. We process orders during business hours only: Monday through Friday, 8:00 AM to 5:00 PM EST. We do not process orders on weekends or on legal holidays.

We are pleased to offer gift services for your purchase, which include gift wrap and card, express shipping and shipping directly to your gift recipient.

Clay Action will be responsible for the cost of packing the purchased item, and you will be responsible for the cost of shipping the purchased item (which is automatically calculated before your checkout), while in transit to you or to shipping recipient, if different. Clay Action is not responsible for shipping delays or omissions caused by the carrier (DHL, EMS).You must check all deliveries upon arrival. If the package is damaged, you must inform us immediately to arrange a refund, exchange or replacement.

Please read Shipping Options for further information.

14. Risk of loss
All items purchased from ClayAction.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

15. Return Policy

In the unlikely event of an item being faulty or arriving in damaged condition, please inform us and get instructions for the return, in order to get  a free replacement. Damaged items must be returned in the original packaging with a copy of your invoice within 7 days of receipt. All items leave our stores in perfect condition, so please do not accept delivery of an item which is obviously damaged. Items which are subsequently damaged after receipt will not be replaced.

If for any reason you are not completely satisfied with your purchase, you may return it within 14 days of receipt in original condition and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded. To return your item(s) please announce your wish of return in written form via e-mail and specify the reason and what action you would like us to take: replacement or refund. Please pack them in the original box. We strongly encourage you to return your item via a trackable method. Please note that this Refund Policy is applicable only to the artworks purchased as "Currently available" and not to "Available upon request".

Please note that for any return of product is needed to complete the relevant return form.
No product shall be accepted for credit or replacement without our prior authorization.

16. Customs and Import Duty Information

For all countries except the European Union, your order may be subject to import duties and taxes, which are levied once your package reaches your country. Clay Action does not collect duties and taxes and cannot predict what your particular charges may be. If you do incur these additional charges, they must be rendered in order for your package to clear customs. For more information regarding your country’s custom policy, please contact your local customs office.

17. Applicable Law

This Agreement will be exclusively governed by and construed in accordance with the laws of Greece, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Website is controlled and offered by us from Greece. We make no representations that the Website is appropriate or available for use in other countries.

18. Minors

You agree to supervise usage by, and be responsible for the actions of, any minors who use your computer to access this Site. By providing information or placing an order, you represent and warrant that you are at least thirteen (16) years of age.

19. Severability clause

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purport to exclude liability for any fraudulent statement or act.

20. Linking
Any third party wishing to link to the website from their website must obtain permission from Fine Art Portfolio by directing such request to the webmaster, and permission may be granted on terms and conditions agreed.

ARTISTS RETAIN FULL COPYRIGHT TO THEIR ARTWORK, EVEN WHEN ARTWORK TITLE TRANSFERS TO NEW OWNER.

The new owner (patron) of the artwork will own legal title of the artwork, but not the copyright of the artwork. Therefore, patron will not be able to use the artwork in an unlawful manner in accordance to copyright law and since legal copyright is not owned by the patron.