Terms of Service

Overview

This website is operated by Photolux, the independent fine art photography gallery of Dmytro Yatsenko. Throughout the Site, “we”, “us” and “our” refer to Photolux. We offer the Site and its information, tools and services subject to these Terms of Service and the policies linked from it.

By accessing or using the Site, you agree to these Terms. They apply to visitors, customers and anyone submitting content. If you do not agree, please do not use the Site. New features and services are also subject to these Terms. You can review the current version on this page.

The gallery operates through purchase enquiries. Adding an artwork to the cart or submitting a request does not complete a purchase, take payment or reserve an edition. Availability, final price, payment and delivery must be confirmed directly with the gallery before a purchase is concluded.

1. Use of the gallery

You must be of legal age and have the legal capacity to enter into a purchase agreement. If you allow a minor to use the Site, you are responsible for supervising their use.

You may not use our artworks or services for an illegal or unauthorised purpose, violate applicable law or copyright, or transmit viruses, destructive code or other harmful material. A breach may result in termination of access to our services.

2. General conditions

We may refuse service where permitted by applicable law. You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Site or services without our express written permission. Purchasing a physical print does not transfer copyright or reproduction rights in the photograph.

We use secure connections for the Site’s forms. Payments are arranged separately; do not submit credit card details through the Site’s forms or messages. Section headings are for convenience and do not affect interpretation.

3. Accuracy, completeness and timeliness of information

The Site provides general information about the gallery and its artworks. Although we aim to keep it accurate, information may be incomplete, outdated or contain errors. Confirm the details relevant to your purchase with us before agreeing to it. Historical information is provided for reference.

We may modify the Site’s content and do not undertake to update every item of information, except where required by law. You are responsible for checking changes relevant to your use of the Site.

4. Changes to services and prices

Displayed prices may change before a purchase is agreed. We may modify, suspend or discontinue the Site or a service, subject to applicable law and obligations under purchases already agreed. To the extent permitted by law, we are not liable for such modifications, price changes, suspension or discontinuance.

5. Artworks and availability

Artworks may be available exclusively through the gallery and in limited quantities. Print sizes, presentation options and edition availability are shown for each work and are confirmed when we agree a purchase. Returns are governed by our Refund Policy.

We make reasonable efforts to display colours and images accurately, but cannot guarantee that a screen reproduces the appearance of a physical print. We may limit quantities or sales to particular people, locations or jurisdictions where lawful, and may discontinue a work or option. Offers are void where prohibited.

Except for express commitments and rights that cannot lawfully be excluded, we do not guarantee that an artwork, service or information will meet every personal expectation or that every Site error will be corrected.

6. Enquiries and purchase information

Provide current, complete and accurate contact and purchase information, and tell us about changes needed to fulfil an agreed purchase. We may decline a request or limit quantities where lawful, including requests that appear to be for resale or distribution. If an agreed order must be changed or cancelled, we will contact you using the details provided, subject to your contractual and statutory rights.

An enquiry acknowledgement confirms receipt of your request; it is not acceptance of an order or confirmation that an edition has been reserved. The gallery will contact you to confirm the work, options, final price, payment and delivery arrangements. See the Refund Policy for return information.

7. Optional third-party tools

We may provide access to third-party tools over which we have no control. Such access is provided “as is” and “as available”, without endorsement or warranties from us, to the extent permitted by law. Use is at your own discretion and subject to the provider’s terms. New tools or features offered through the Site are subject to these Terms.

8. Third-party links

The Site may link to third-party content, products or services. We do not control those websites and are not responsible for their content, accuracy, policies or transactions, to the extent permitted by law. Review their terms before engaging with them. Questions or claims about third-party products should be directed to the relevant provider.

9. Comments, feedback and submissions

If you voluntarily send creative ideas, suggestions, proposals or other feedback intended for publication or improvement of our services, you permit us to use, edit, copy, publish, distribute and translate that feedback without compensation or an obligation to respond. This permission does not authorise publication of private enquiry messages or personal information; these are handled under our Privacy Policy.

We may remove content that is unlawful, offensive, threatening, defamatory, obscene or infringes another person’s rights. Your submissions must respect intellectual property, privacy and other rights, contain no unlawful or malicious material, and accurately identify their source. You are responsible for your submissions and their accuracy. To the extent permitted by law, we are not responsible for content submitted by others.

10. Personal information

Personal information submitted through the Site is handled under our Privacy Policy.

11. Errors, inaccuracies and omissions

Information may contain errors relating to descriptions, prices, availability, delivery or other details. We may correct errors and update information. If an error affects a request or agreed purchase, we will contact you; any cancellation or change remains subject to applicable law and your rights. No stated update date means that every part of the Site has been updated.

12. Prohibited uses

You must not use the Site or its content to break the law or encourage unlawful acts; infringe intellectual property or other rights; harass, abuse, threaten, defame or discriminate against anyone; submit false information; distribute malicious code; collect or track other people’s personal information without authority; spam, phish or otherwise deceive; publish unlawful obscene material; or interfere with security or operation of the Site or related services. We may terminate access for prohibited use, where lawful.

13. Warranties and limitation of liability

We do not guarantee uninterrupted, timely or error-free Site availability or that all information obtained through it will be reliable. We may suspend or remove the Site or services. Except as expressly agreed or required by law, the Site and services are provided “as is” and “as available”, without implied warranties of merchantability, fitness for purpose, durability, title or non-infringement to the extent such exclusions are permitted.

To the fullest extent permitted by law, Photolux and its personnel, contractors and service providers are not liable for indirect, incidental, punitive, special or consequential loss, including lost profits, revenue, savings or data, arising from use of or inability to use the Site or services. Nothing in these Terms excludes or limits liability, warranties or consumer rights that cannot lawfully be excluded or limited.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Photolux and its personnel and service providers harmless against third-party claims and reasonable legal costs arising from your breach of these Terms, applicable law or another person’s rights.

15. Severability

If a provision is unlawful, void or unenforceable, it will apply only to the extent permitted by law, and the unenforceable part will be treated as separate. The remaining provisions remain effective.

16. Termination

These Terms apply until terminated by you or us. You may stop using the Site at any time. Where lawful, we may terminate or restrict access if you breach, or we reasonably suspect a breach of, these Terms. Termination does not remove obligations relating to an already agreed purchase or rights and liabilities that arose before termination.

17. Entire agreement

These Terms and the policies referenced here govern use of the Site and replace earlier communications or versions on that subject. Specific purchase terms agreed with you also apply to that purchase. Failure to enforce a provision is not a waiver. Ambiguities are interpreted in accordance with applicable law, and mandatory rights remain unaffected.

18. Governing law

These Terms and separate agreements under which we provide services are governed by the laws of Ukraine, without excluding mandatory consumer protections that apply to you under applicable law.

19. Changes to these Terms

We may update these Terms by posting a revised version on this page. Please review them periodically. Continued use after changes constitutes acceptance to the extent permitted by law. Changes do not retrospectively alter an agreed purchase without a lawful basis or your agreement.

20. Contact information

Questions about these Terms of Service should be sent to contact@photolux.art or through our contact form.