Terms & Conditions
1. Introduction
By using this website and purchasing art prints, you agree to be bound by these Terms.
This website is operated by Melody Clemons Design. Throughout the site, the terms “we”, “us” and “our” refer to Melody Clemons Design. Melody Clemons Design offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these terms & conditions carefully before ordering any products from this site. By accessing and using our website (the “Site”) and purchasing our products, you agree to comply with and be bound by the following terms and conditions (the “Terms”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any additional features or tools incorporated into the existing store will be governed by the Terms of Service. The most current version of the Terms of Service is accessible on this page at all times. We retain the right to amend, alter, or replace any section of these Terms of Service by posting updates or modifications on our website. It is incumbent upon you to regularly review this page for revisions. Your ongoing use of or access to the website after the publication of any changes indicates your acceptance of those revisions.
2. Impressum
It is required by German law to have an Impressum page on all business websites, as mandated by the Telemedia Act (Telemediengesetz, or TMG). This legal requirement ensures transparency and accountability by compelling website operators to disclose ownership and contact details. As this company is registered and hosted in Germany, this page has been provided in German language and can be found here (link Impressum page).
3. Usage
We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
4. Product Information
All product descriptions and images are for illustrative purposes only. We make every effort to display colors and images of products as accurate as possible, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We also reserve the right to limit the quantities of any products or Services that we offer.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
5. Pricing and Payment
All prices on our website are inclusive of VAT (Value Added Tax) where applicable. Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Payments are done through WooCommerce using WooPayments. You can see their Terms of Service (https://wordpress.com/tos/) and their Privacy Policy here (https://automattic.com/privacy/)
6. Shipping and Delivery
The delivery time is estimated to be 2-7 days from the date of purchase but can vary depending on the country of delivery. Please refer to our Shipping & Returns page for detailed information on shipping rates, delivery times, and other related details.
We are not responsible for any customs duties or taxes that may apply to international orders.
7. Returns and Refunds
Please review our Shipping & Returns page for detailed information on returns, exchanges, and refunds.
8. Intellectual Property
All intellectual property rights pertaining to the art prints, including but not limited to copyrights, trademarks, and other proprietary rights, are exclusively owned by Melody Clemons Design. This includes the originality of the designs, the artistic elements, and any associated branding or logos. Any reproduction, distribution, or use of these art prints without explicit authorization from Melody Clemons Design is strictly prohibited and may result in legal action. We take the protection of our intellectual property rights seriously to safeguard the integrity and value of our creative works.
9. Data Protection (GDPR)
When you place your order with us, it is required to provide certain personal information. In connection with your registration and order, you agree that we store and use your information in our business to fulfil the agreement with you.
We respect your privacy and have provided a Privacy Policy in English with details on how we collect, use, and protect your personal information here.
In Germany, the Datenschutzerklärung (German version of the Privacy Policy) is legally required under the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). It also outlines (in German) how personal data is collected, processed, and protected on a website ensuring transparency and compliance with data protection laws. You can find the Datenschutzerklärung for this website here.
10. Limitation of Liability
Under no circumstances shall Dreamscape Gallery or Melody Clemons Design be held liable for any injury, loss, claim, or damages, whether direct, indirect, incidental, punitive, special, or consequential, including but not limited to lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or products obtained through it. This includes any errors or omissions in content, or any loss or damage incurred from using the Service or content (or products) provided through it, even if advised of the possibility of such damages. Our liability is limited to the maximum extent permitted by law in states or jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not allowed.
11. Force Majeure
An event such as outside the control of Dreamscape Gallery which could not reasonably have been foreseen, shall be attributed to force majeure, which means that the Melody Clemons Design is released from its obligations to fulfil concluded agreements.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany. Any disputes shall be subject to the exclusive jurisdiction of the courts in Nordrhein-Westfalen.
13. Changes to Terms and Conditions
You may access the latest version of the Terms of Service on this page at any time. We reserve the right to update, modify, or replace any portion of these Terms of Service at our discretion by posting updates and revisions on our website. It is your responsibility to regularly review our website for any changes. Your continued use or access to our website or the Service after such changes constitutes acceptance of the updated Terms of Service.
14. Contact Information
For any questions about these Terms, please contact us at talktome@melodyclemons.com.