Lemonframe.com is a website (“Website”) which offers its users online, services in the purchasing of artwork from various select artists (“Artist”) as well as other home design items. The Website offers, amongst other things, services of exhibiting, marketing, producing (including without limitation, printing, framing and mounting with diverse options regarding sizes and finishing), selling and distributing artwork, as well as other home design items, worldwide.
Lemon Frame reserves the right to modify these Terms from time to time without notice to you. The revised Terms shall become effective immediately upon posting on the Website. By continuing to use the Website after any modifications to these Terms, you agree to be bound by any such modifications.
By using the Website, you represent and warrant that you are at least 18 years of age. If you are using the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind the said company or legal entity in your use of the Website.
You agree to use the Website solely for your personal use. You agree not to transfer or sell any of the content of the Website, in whole or in part, to any third party, or allow unauthorized access to the Website by any third party. You further agree that you will not publish, reproduce, duplicate, copy, or trade any of the content of the Website for any purpose, without requesting and receiving Lemon Frame’s prior written consent.
You agree not to access (or attempt to access) any part of the Website by any means other than through standard and common means. Without derogating from any other provision of these Terms, you agree to use the Website solely for lawful purposes. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks connected to the Website).
Lemon Frame reserves the right to suspend, alter or terminate any of the services provided on the Website, at any time, without prior notification. Lemon Frame reserves the right to cancel any transaction completed on the Website and to issue a refund accordingly, at any time prior to delivery. Lemon Frame reserves the right to modify the prices of the items on the Website at any time and items purchased will be charged at the price advertised on the Website at the moment of the purchase. The items sold on the Website will remain the property of Lemon Frame until the complete payment of the purchase price is paid in full and received by Lemon Frame.
In order to purchase items from the Website, you may be requested to create a user account (“User Account”). If and when creating a user Account, you must provide valid, accurate and truthful information (“Information”) which you agree to update and modify when applicable. Included in the Information you must provide to create a User Account is a valid and functioning email address as well as a user name, which shall not be offensive or impersonate anyone else’s name. You will also need to create a password in order to access your User Account.
You are solely responsible for maintaining the confidentiality of your user name and password and for the activity that takes places through your User Account. You agree to notify Lemon Frame immediately of any breach of security or unauthorized use of your User Account. Lemon Frame is not liable for any loss or damages that may occur from the unauthorized use of your User Account.
Lemon Frame may refuse to authorize the creation of your User Account or may terminate your User Account, without prior notification, at its sole discretion if you do not respect these Terms or any of Lemon Frame’s other policies or procedures, if you violate any law in relation to your use of the Website or your User Account, or for any other reason.
You may terminate your User Account by following the steps in your User Account under “Close Account”.
Ownership of Content
You understand that all information, such as data files, written text, computer software, music, audio materials or other sounds, photographs, illustrations, animations, videos or any visual materials (the “Content”) which may be available to you and/or you may have access to as part of or through your use of the Website, may be protected by copyrights, moral rights, patents, trademarks, privacy and publicity rights, trade secrets or other proprietary or personal rights, which are owned or controlled by either Lemon Frame, its licensors, sponsors, advertisers or Artists (“Content Owners”). Lemon Frame does not own the rights to the artwork sold on the Website.
As you may use the Website to access and purchase Content owned by Content Owners, it remains your sole responsibility to obtain any and all legally required licenses, permissions and/or authorizations from the Content Owners for your further use of the said Content after your purchase thereof (together, “Content Owners Permission”).
Unless explicitly permitted under these Terms and/or under the required Content Owners Permission, you may not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the Content and/or the Website, in whole or in part.
You acknowledge and agree that Lemon Frame (or its licensors) own all legal rights, title and interest in and to the Website. You may not use any of Lemon Frame’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you believe that any of the Content, User Content or other items on the Website are unlawful or constitute in any way an infringement of any right, including but not limited to an intellectual property right, we ask that you please send a detailed notification to Lemon Frame regarding said violation, to the following address: [email protected]
By using the Website, you agree not to upload, post, email or otherwise transmit any content or materials including, without limiting to, images, messages, texts, data, drawings or other, onto the blog on the Website, onto any other communication channel on the Website or onto any other forum or means for the purpose of posting of user content (“User Content”).
You agree not to upload, post or otherwise transmit any User Content onto the Website which may be unlawful, misleading, threatening, abusive, offensive, harassing, vulgar, obscene, defamatory, indecent, libelous, objectionable or otherwise invasive of another’s rights, including but not limiting to, intellectual property rights and privacy rights. Furthermore, you agree not to upload, post or otherwise transmit unsolicited or unauthorized advertisements, promotional content, junk mail or any other form of solicitation.
By uploading User Content onto the Website, you represent and warrant that you own the User Content or that you own all the legal rights to upload, reproduce, publish, post or otherwise transmit the said User Content. You are solely responsible for the said User Content and solely liable to any third party of any damages or royalties owed as a result of the uploading, posting or other form of transmission of the User Content.
By uploading User Content onto the Website, you grant to Lemon Frame the non-exclusive, fully paid worldwide license to use the User Content. This license will be terminated when the User Content is removed from the Website.
Lemon Frame reserves the right to review, remove or delete, without prior notification, any User Content which does not comply with the present Terms, according to Lemon Frame’s sole assessment and judgment.
Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR ACCESS, USE AND BROWSING OF THE WEBSITE AND ANY CONTENT OR SERVICES PROVIDED THEREIN ARE AT YOUR OWN RISK. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
LEMONFRAME SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE WEBSITE.
ALTHOUGH LEMONFRAME MAKES GREAT EFFORT TO ENSURE THE QUALITY AND EXACTITUDE OF THE INFORMATION PROVIDED ON THE WEBSITE, LEMONFRAME MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT INFORMATION OR MATERIALS OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM YOUR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LEMONFRAME AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE. YOU SPECIFICALLY AGREE THAT LEMONFRAME IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE USE OF THE WEBSITE BY ANY USER, FOR ANY CONDUCT OF ANY OTHER PARTY, ON OR THROUGH THE WEBSITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the WEBSITE and the Service.
Your use of the Website constitutes your agreement to defend, indemnify, and hold harmless Lemon Frame and its affiliated entities, employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of your use or misuse of the Website or the use or misuse of contents of the Website by a third party using your User Account.
This section shall survive termination of your User Account on the Website or your use of the Website.
Links to Third Party Sites
Lemon Frame does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to or from the Website. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in or to, these third party web sites are not investigated, verified, monitored or endorsed by Lemon Frame and Lemon Frame disclaims any warranty and liability, express or implied, with respect to the contents of such web sites.
Lemon Frame cannot be held liable for any delays in delivery time, mistakes or other issues relating to the shipping of items purchased on the website, subject to the provisions of the Shipping Information page found on the Website.
The shipping fees on the Website do not include any local taxes and the payment of any applicable local taxes remains solely your responsibility. We advise you to check with your local customs before processing and confirming your order as Lemon Frame assumes no responsibility and cannot be held liable for any tax amounts due in order to receive your purchased item.
Return of purchased item
Prints Return Policy
If you are not completely satisfied with your purchase for any reason, you dispose of a period of fifteen (15) calendar days to notify us of your request for a return.
To do so, please contact our customer service (+972-73-70-60000) who will provide instructions about the procedure. And then you will dispose of a period of seven (7) days to return to us your order.
Unique-piece Artwork Return Policy
From the day you received the original unique-piece artwork you ordered, you dispose of a period of seven (7) calendar days to decide whether to keep the work or return the artwork in its original condition for a refund.
To do so, please contact our customer service (+972-73-70-60000) who will provide instructions about the procedure. And then you will dispose of a period of three (3) days to ship out the artwork through a trackable delivery method and provide us with the tracking number.
If you do not notify us of your intent to return the work within the requested delays or do not ship the works within three (3) days after informing us, you will not be eligible for a refund.
Once we received and checked your return, you have the following possibilities:
– receive a Lemon Frame gift card for the equivalent amount
– be reimbursed for your order
Please note that Lemon Frame does not reimburse the shipping charges, unless the return is due to a defect in quality.
Artworks that are returned should be in perfect condition, in their original package, with all the protective materials. Lemon Frame will not reimburse items which are returned without the original packaging or which are returned in a damaged or unsuitable condition.
All international returns must be marked clearly on the outside with ‘Returned Goods’ to avoid import duty. Any import duty that is incurred will be deducted from the refund.
Please note we will not be responsible for items lost in transit during return.
The right to return a work is limited to two items per customer for a period of 6 months.
This return policy does not apply to products marked with an asterisk (*) or where indicated in the product description.
Return of Defective Item
We encourage you and it is your responsibility, to inspect your purchased item immediately upon reception of the item before signing confirmation of delivery from the courier company.
If, upon inspection at reception of the item, you discovered that the item delivered is defective or does not correspond to your order, you can take advantage of returning the item on the spot with the courier company that delivered your item. You should then communicate with our customer service that same day in order to report the defect and receive instructions regarding the return shipment.
If the delivered item is damaged and the said damage is only discovered after signing for the receipt of the item, you have a period of two (2) business days to report the damage to our Customer Service. If you neglect to report a damaged item within this period, the right to return or exchange the purchased item is no longer valid.
Items which are returned due to a defect that occurred before the delivery, may be fixed, if possible, and returned to the purchaser if the purchaser so desires, in which case, Lemon Frame will pay for the shipping of the fixed item to the purchaser. Where an item cannot be fixed (as per Lemon Frame’s assessment), the item will be replaced free of charge and sent to the purchaser without any shipping fees.
Lemon Frame is not responsible for defects to items which are caused after delivery or which are caused by reasons of Force Majeure: in both cases, Lemon frame shall not refund the item and shall not pay for the return shipping of said defective items.
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for any claim or dispute with Lemon Frame or relating in any way to your use of the Website resides solely in the competent courts in Tel Aviv, Israel.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Lemon Frame may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without Lemon Frame’s express prior written consent.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
These Terms constitute the entire agreement between you and Lemon Frame relating to the subject matter herein. You may not modify these Terms.
These Terms will inure to the benefit of Lemon Frame’s successors, assigns and licensees.
Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.