Terms of Use for ElizArtWorks and Café

These terms and conditions outline the rules and regulations for the use of LizArtWorks and Café Website, located at ElizArtWorks and Café.

Consumer fraud alert:

Never share your username and password with anyone. Immediately notify the ElizArtWorks and Café team if your account gets compromised, your username or password gets stolen, or someone uses your account without your permission. ElizArtWorks and Café will periodically update its terms and conditions to reflect policy and legal changes without any prior notice to you. Unless otherwise specified, those changes will immediately take effect and shall become part of this agreement and be binding on you beginning on the day they are posted. We will inform you of any new terms and conditions that may be added or amended in the future. By continuing to access or use ElizArtWorks and Café’s services, you will be deemed to have agreed to accept and be bound by any modifications to this Agreement.

1. General Provisions:

1.1 By signing up for, accessing, or using the products, services, content, features, technologies, or functions offered through our website www.elizartworks.fi or our network of third-party partners (the "Network") (collectively, our "Services"), you agree to our Terms &Conditions and our Privacy Policy. Please do not use our Services if you do not agree to be bound by these terms. In that case, you must exit the Website, and not access our Services through any other platform.

1.2 The Terms and Conditions listed below govern the access and use of our website that enable you to purchase groceries and food. (https://www.elizartworks.fi/terms)

1.3 In the present Terms and Conditions, the terms “we,” “us”, and “our” refer to ElizArtWorks and Café and “you”, “your” refer to any person who accesses and/or uses the Service, whether in their capacity as Customers, Senders, Recipients, or visitors to this website.

1.4 The Terms and Conditions may change from time to time, but changes will only be effective from the The date they are made will not change the terms on which you previously used the service.

1.5 It is essential that you understand that access and use of our service are conditional on your acceptance of present Terms and Conditions.

2. Definitions:

When we say "you," "Customer," "Sender," and "User," we are referring to the individual that has registered to ElizArtWorks and Café's Services and is giving consent to the terms outlined in this section. When we say "us," "we," and "Company," and "ElizArtWorks and Café", we are referring to ElizArtWorks and Café and any of our subsidiaries or affiliates.

3. Confidentiality and Privacy:

3.1 As a fully regulated institution and with the purpose of providing the Service, we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore, we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.

3.2 Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.

3.3 We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering, and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.

3.4 For more details and information regarding confidentiality, privacy, and security, please refer to our Privacy Policy.

4. Cancellation and Refund Policy:

4.1 If you have any problems using our online and mobile services or need to dispute a transaction, please contact us via phone at +358 44 2404890 or via our email; lizartworks.coffee@gmail.com

4.2 You are eligible for a full refund if you cancel a transaction within 30 minutes, provided the money hasn't been deposited in the beneficiary’s account or picked up by the beneficiary.

4.3 If your request for a refund is for a transaction more significant than 30 minutes, you are entitled to a full refund within ten (10) business days unless one of the below occurs: i. ElizArtWorks and Café or its agents have a reason to believe unlawful or criminal activities have occurred, may occur, or are occurring. At this point, we will report all undetected criminal activities to the appropriate FINLAND government agency. ii. Monies have already been transferred, and the entire order has been delivered. iii. ElizArtWorks and Café is otherwise prevented by law from making a refund. You can cancel transactions on our website or mobile app. We will credit all refunds to the same payment instrument used to fund the transaction and in the same currency. No exceptions are to be made during the refund process.

4.4 You have a right to dispute errors in your transaction. If you think there is an error, contact us within 60 minutes and provide your name, contact information, the delivery address, order number, date of transaction, as well as why you believe there has been an error. ElizArtWorks and Café will determine whether an error occurred and will reply to you within 90 days. If ElizArtWorks and Café was at fault, you will be entitled to a full refund or to your order, provided free of charge. If no error occurred or ElizArtWorks and Café was not at fault, you will receive a written notice including the information that ElizArtWorks and Café relied on to make that determination. ElizArtWorks and Café shall not be liable to you for any loss resulting from ElizArtWorks and Café’s inability to cancel or refund a Remittance Payment.

5. Eligibility and your access rights:

5.1 By using the Service, you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

5.2 We reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if (but not limited to): .You use the Service or attempt to use it for any Prohibited Purpose; .You attempt to place orders from an account that does not belong to you; .You have provided us with false evidence of your identity or you keep failing to provide us with true, accurate, current, and complete evidence of your identity or details regarding transactions; .You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code; You are in breach of these Terms and Conditions;

6. Fees and Charges:

6.1 In the event that you submit a transaction for which ElizArtWorks and Café incurs NSF(Non Sufficient Funds) charges or other similar expenses, you agree to reimburse ElizArtWorks and Café for all and any such fees, charges, and expenses. Each occurrence of an NSF will result in a € 10.00 (EURO) NSF Fee. Fees due to us can be collected when incurred, or may be deducted from the principal amount of your next or future transaction. ElizArtWorks and Café reserves the right to collect NSF Fees from any of the Payment Instruments (which may include one or more bank account, debit card) that you have linked to your ElizArtWorks and Café account, in accordance with this Agreement charges and expenses. Each occurrence of an NSF will result in a €10.00 (EURO) NSF Fee. Fees due to us can be collected when incurred, or may be deducted from the principal amount of your next or future transaction. ElizArtWorks and Café reserves the right to collect NSF Fees from any of the Payment Instruments (which may include one or more bank account, debit card) that you have linked to your ElizArtWorks and Café account, in accordance with this Agreement.

7. Intellectual Property:

This Site, including all text, graphics, logos and images, as well as all other ElizArtWorks and Café copyrights, trademarks, service marks, products and service names are the exclusive property of ElizArtWorks and Café and may not be used for any purpose without express written permission from ElizArtWorks and Café.

8. Compliance:

ElizArtWorks and Café has zero tolerance for any criminal, fraudulent, money laundering, and funding of terrorist activities. We will report anyone suspected of financial crimes to the appropriate FINLAND authorities. Please restrict the use of ElizArtWorks and Café’s services to only people you know. This includes friends and families.

9. Indemnification:

You agree to indemnify ElizArtWorks and Café and their affiliates from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms, and/or your infringement of any intellectual property or another right of anyone.

10. Disclaimer of warranties:

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OF WARRANTY. ELIZARTWORKS AND CAFÉ EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. USING THE SERVICE:

By placing an order on the Site to utilize the Service, you are offering to purchase the selected products. Our acceptance of the offer occurs at the time we deliver your order to you at pickup at our local store. We will send you an electronic communication acknowledging receipt of your order, including the items and quantities you selected, and an SMS UPDATE.

12. Minimum purchase:

No minimum purchase is required to use the Service.

13. Product Quantity Limits:

We reserve the right to limit the quantity of a product you select. Where possible, limitations will be stated on our Site.

14. Receiving your order:

14.1)You will be notified at that time whether any items were not available and whether substitutions have been made. You can reject substitutions at that time by notifying us. We will deliver the product within a reasonable period, no later than 25 days.

14.2) Home Delivery.

Your order will be selected and packed by us and picked up by one of our delivery Staff or third-party contractor, who will deliver it to your designated delivery address. If there are substitutions or unavailable items in your order, your receipt, presented to you by the delivery service, will reflect any substitutions or unavailable items.

14.3) Attended Delivery.

For orders delivered to your home that include products that can only be purchased by adults, such as alcoholic beverages or tobacco products, a person of legal age must be present to receive the order. A signature and age verification documentation will be required. For home delivery, if no one is present when delivery is attempted and access to your doorstep is not available, the order will be returned to us and a credit issued.

14.4) Unattended Delivery. Most orders shipped or delivered to your home can be delivered without needing a signature. Deliveries are made to the doorstep of the address you provide. Access to the doorstep is required. If you select some items for pickup and some for delivery, you will be charged multiple service charges – one for each method of delivery.

14.5 Loss or Damage. For unattended Delivery orders we are responsible for loss of damage to the products to be delivered up until the time they are deposited at your doorstep. Once they have been delivered, you are responsible for protecting the shipment. For example, we are not responsible if the delivered products are stolen from your doorstep after we make delivery.

15. Products Sold by Weight:

If you order an item that is more than 20kg, you will be charged based on the actual weight of the product packed for your order. We will match your desired product weight as best we can. Where we cannot be exact, we will by providing slightly more, not less, product weight than you ordered.

16. Product Availability and Substitutions:

While we try to update our Site when products are unavailable or in limited supply, we cannot guarantee that the product you order or the quantity you order will be in stock and available when your order is processed. We may revise and discontinue products at any time and are not responsible for typographical errors or misprints. When you place your order, you will be given the opportunity to choose preorder products that means that a product is temporarily out of stock or limited in quantity. If the quantity you ordered is unavailable, we may elect to provide the available quantity and give a time limit to deliver the rest. This may increase the cost of delivery.

17. Estimated total at checkout:

Please note that when you place your order, you will see an estimated total at checkout. The posted online prices reflect the product price on the day you place your order. As previously stated in Paragraph 5, some prices may change between the time you place your order and the time we process it for delivery or pickup. For instance, if an item is offered on a temporary discount when you place your order and the discount period ends before we process your order, you will be charged the regular, non-discounted price. If your selected item goes on sale after you place your order and is still on sale on the date your order is processed for delivery or picked up, you will be charged the sale price. If you order a product sold by weight, we will estimate the price at checkout but will charge you the price based on the actual weight of the item selected. If you permit us to substitute products for items you have selected that are not available, you will be charged according to the substitution policy above. Sales taxes and government fees(such as bottle deposits or bag fees, if applicable) are not shown in the estimated total at checkout but will be shown on your final receipt at pickup or delivery, as applicable.

18. Final payment, Confirmation, and Receipts:

we will charge your payment card for your purchase. The final price will reflect price adjustments for discounts, substitutions, shipping charges and government fees (such as bottle deposits, bag fees, etc. if applicable).

19. Missing products:

If any product in your order for which you have paid is missing from the items you received, please contact us. Provide your order number, the address, and the telephone number of which appears on the receipt you receive with your order and/or by email; items will be made available to you for pickup or will be delivered to you instead of offering you a refund. In case of a refund, Refunds will be credited to the payment card used to purchase the order.

20. Return Policy:

We offer refunds or exchange. If you discover a problem after you receive your order, you can return any wrong or unacceptable item directly to us or contact us by phone at +358 44 2404890 or send us a message using our contact page on the website.. Proof of purchase may be required. We reserve the right to refuse returns for expired or consumed items, where abuse or fraud is suspected and/or if prohibited by applicable law.

21. Your Satisfaction:

If you have questions or you’re not 100% satisfied with your order, please call our Customer Service line at +358 44 2404890, Monday through Friday, 8:30 am to 6:00 pm, and Saturday and Sunday, 10:00 am to 5:30 pm except for public holidays.

22. Communications:

Contacting you. When you register for the Service, we require that you provide a valid and current email address and/ or telephone number. You authorize us to contact you through auto-dialed or recorded voice technology, using that email address or any telephone number you provide in connection with your account regarding any of your orders or the associated delivery or in case of suspected fraud. We may also contact you if your delivery is delayed or otherwise impacted by inclement weather or circumstances beyond our control. Contacting Us. You can contact us at +358 44 2404890, Monday through Friday, 8:30 am to 6:00 pm EST, and Saturday and Sunday, 10:00 am to 5:30 pm, except on federal holidays. You can also contact us using our email address: lizartworks.coffee@gmail.com

23. Governing laws in case of Dispute; Arbitration; Jurisdiction:

23.1 RESOLUTION OF CLAIMS OR DISPUTES. Any claim or dispute between you and ElizArtWorks and Café arising out of or relating in any way to the Terms, the Service, your purchase of the products, or your use of the products must be resolved through final, binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory.

23.2 WAIVER OF RIGHT TO BRING CLAIMS IN COURT AND TO HAVE THEM HEARD BY A JUDGE AND JURY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES AS DESCRIBED IN PARAGRAPH 19.1 ABOVE, AND TO HAVE SUCH A LAWSUIT RESOLVED BY A JUDGE OR JURY.

23.3 LIMITATION OF LEGAL REMEDIES. All arbitrations under the Terms shall be conducted on an individual (not a class-wide) basis and an arbitrator shall have no authority to certify a class or award class-wide relief. You acknowledge and agree that with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not join or consolidate your claims with any other similar claims, and you agree you will not proceed in any court or arbitration proceedings as a class representative, class member or in a private attorney general capacity.

23.4 ARBITRATION PROCEDURES AND RULES. Any arbitration between you and ElizArtWorks and Café will be settled under the Arbitration Rules and Procedures of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this "Dispute Resolution" section. You can learn more about the AAA by visiting its website or calling its customer service number, which is +1-800-778-7879.

23.5 ARBITRATION LOCATION AND PROCEDURE. The arbitration shall take place in Helsinki, Finland. The arbitrator shall apply Finnish law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall apply the same statutes of limitations and privilege rules that a court would apply if the matter were pending in court.

23.6 INITIATING ARBITRATION. To start an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent Livia Karhunen. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Helsinki Region.

23.7 FEES. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's applicable rules. We will reimburse those fees for claims totaling less than €10,000, unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees.

23.8 WAIVER OF RIGHT TO PURSUE CLASS ACTION OR CONSOLIDATED RELIEF. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.

23.9 JUDGMENT ON THE AWARD. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Judgment upon the arbitrator's award may be entered in any court having jurisdiction or application may be made to any court having jurisdiction for a judicial acceptance of the award and an order of enforcement, as the case may be.

23.10 WAIVER OF JURY TRIAL. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATED TO THE TERMS.

23.11 EXCLUSIVE JURISDICTION. You agree that the Arbitration Agreement in this Section 19 is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You further agree that any court of competent jurisdiction, whether it be federal or state, located in the Helsinki Region, will have exclusive jurisdiction to hear any challenge to the award or the arbitrability of any dispute.

24. Amendments:

We may update these terms and conditions from time to time. All changes will be notified to you by posting the updated terms and conditions on the website, or by any other means of communication. The changes will be effective from the date of posting the revised terms on the website. We may also change or terminate the terms and conditions of the Service from time to time, with or without notice to you, provided that such changes do not materially affect your rights under these terms and conditions.

25. Contact Information:

If you have any questions about these terms and conditions, please contact us via email at lizartworks.coffee@gmail.com or via phone at +358 44 2404890

26. Consent:

By using our website and Services, you hereby consent to our terms and conditions and agree to be bound by them.