Terms of service

Terms and Conditions
Last updated: May 4, 2025

Welcome to www.ewamosc-shop.com ("Site"), operated by Ewa Mosc ("we," "our," or "us"), an independent artist and illustrator based in Honolulu, Hawaii. These Terms and Conditions govern your use of the Site and the purchase of any products or services offered through it.

By accessing or using this Site, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Site.

1. Use of the Site
This Site and its content are intended for users who are at least 18 years old. You may browse, purchase artwork or products, and contact us for services, but you may not use this Site for any unlawful or prohibited purpose.

2. Products and Services
We offer original artwork, art prints, illustrated gifts, and creative services including custom illustration, graphic design, and art direction. All purchases are for personal or internal business use only and may not be resold or commercially reproduced without permission.

3. Intellectual Property
All content on this Site—including images, text, artwork, design, logos, and graphics—is the intellectual property of Ewa Mosc and is protected by copyright, trademark, and other laws. You may not reproduce, distribute, or use any part of this Site or its content for commercial purposes without written consent.

4. Order Acceptance and Payment
We accept payments via PayPal. All transactions are processed in U.S. dollars. We reserve the right to refuse or cancel any order at our discretion. If we cancel an order, you will receive a full refund.

5. Shipping and Delivery
Some items are shipped directly from Honolulu, Hawaii, while others may be fulfilled by third-party drop shipping services. Shipping times and carriers may vary depending on the product. We are not responsible for delays or issues once a package has been handed off to the carrier.

6. Returns and Refunds
All sales are final unless an item arrives damaged or there is an error on our part. Please contact us within 7 days of delivery to request a resolution. For more details, please refer to our Return Policy.

7. Prohibited Activities
You agree not to:

  • Reproduce or commercially exploit the artwork without permission
  • Use this Site in violation of any applicable laws
  • Attempt to reverse engineer, copy, or extract content from the Site using automated tools
  • Impersonate the artist or misrepresent affiliation
  • Submit fraudulent orders or inquiries

8. Third-Party Links
This Site may contain links to websites we do not own or control, such as social media platforms, payment providers, or collaborators. We are not responsible for the content, policies, or practices of any third-party sites. Visiting these sites is at your own risk.

9. Limitation of Liability
To the maximum extent permitted by law, our liability for any claim arising out of or relating to the use of this Site, any purchase made through it, or any creative services provided, is limited to the lesser of (a) the amount paid by you for the product or service, or (b) $1,000 USD.

We are not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Site
  • Delays or disruptions in the Site or delivery of goods
  • Errors or inaccuracies in product listings or descriptions
  • Use of any custom artwork or design in a way that leads to a dispute, legal or otherwise, with a third party
  • Misuse, misinterpretation, or misunderstanding of any purchased artwork or service

You acknowledge that all artwork and creative services are offered "as is" without warranties of any kind, either express or implied.

10. Dispute Resolution
If a dispute arises, we agree to first attempt to resolve it informally within 30 days. If unresolved, the matter will proceed to binding arbitration in the State of Hawaii under U.S. law. Each party waives the right to a jury trial or to participate in class actions.

11. Governing Law
These Terms and Conditions are governed by the laws of the United States and the State of Hawaii.

12. Changes to These Terms
We may update these Terms at any time. Updates will be posted on this page with a revised "Last Updated" date. Continued use of the Site after changes are posted constitutes your acceptance of the changes.

13. Privacy and Data Usage
We respect your privacy and are committed to protecting your personal data. Any information collected through this Site—such as contact details, order information, or browsing behavior—is handled in accordance with our Privacy Policy. By using this Site, you agree to the collection and use of your information as described in that policy.

14. Electronic Communications and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You also consent to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and transaction records initiated or completed through the Site. You waive any rights under laws requiring non-electronic signatures or records.

15. Licensing for Custom Work
Unless otherwise agreed in writing, all custom illustrations and commissioned artwork are licensed for personal use only. Commercial use, reproduction, or resale is prohibited without a separate agreement.

16. No Guarantee
We make no guarantees regarding the results or satisfaction of any creative work or custom service. Artistic interpretations are subjective, and you acknowledge that outcomes may vary.

17. Force Majeure
We are not liable for any delay or failure in performance due to events beyond our control, including but not limited to natural disasters, pandemics, labor disputes, shipping disruptions, or internet outages.

18. Indemnification
You agree to defend, indemnify, and hold harmless Ewa Mosc and her affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including legal fees) arising from your use of the Site or services, your violation of these Terms, or your infringement of any rights of another party.

19. Contact
For questions, concerns, or requests related to these Terms and Conditions, please contact:

Ewa Mosc (registered DBA of Ewa Moscicka)
Email: contact@ewamosc.com
Mailing Address: PO Box 11963, Honolulu, HI 96828