Terms of service

TERMS OF SERVICE

Last Updated: March 3, 2026

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Paninap Art Gallery ("we," "us," or "our") concerning your access to and use of the paninap-art-gallery.myshopify.com website and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. ABOUT PANINAP ART GALLERY

Paninap Art Gallery is an online art gallery specializing in original artwork, collectible pieces, and limited edition art. We are based in the Philippines and operate exclusively through our online platform.

3. ELIGIBILITY

You must be at least 18 years of age to use our Services and make purchases. By using our Services, you agree that you meet this age requirement and have the legal capacity to enter into these Terms.

4. ARTWORK AND PRODUCTS

4.1 Nature of Products

  • All artwork sold through Paninap Art Gallery consists of original pieces, limited editions, or collectible items
  • Each piece is unique and may not be replicated or reproduced
  • Product descriptions, images, and specifications are provided for informational purposes and represent our best efforts to accurately display our artwork

4.2 Authenticity

  • We guarantee the authenticity of all artwork sold through our gallery
  • Each piece is carefully curated and verified before being offered for sale
  • Certificates of authenticity may be provided with certain pieces

4.3 Availability

  • All artwork is subject to availability
  • We reserve the right to limit quantities or discontinue any product at any time
  • Due to the unique nature of original artwork, once sold, items may not be available again

4.4 Pricing

  • All prices are listed in Philippine Pesos (PHP) unless otherwise stated
  • Prices are subject to change without notice
  • We reserve the right to correct pricing errors

5. ORDERING AND PURCHASING

5.1 Order Acceptance

  • Your order constitutes an offer to purchase artwork
  • We reserve the right to accept or decline any order for any reason
  • Order confirmation does not guarantee acceptance; acceptance occurs when we ship the item

5.2 Payment

  • Payment must be received in full before artwork is shipped
  • We accept payment methods as displayed at checkout
  • All transactions are processed securely

5.3 Order Cancellation

  • Orders may be cancelled by us if payment is not received, the item is no longer available, or if we suspect fraudulent activity
  • Customer-initiated cancellations must be requested before shipment
  • Once artwork is shipped, cancellations are not permitted

6. OFFSITE TRANSACTIONS WITH ARTISTS

6.1 Direct Artist Transactions

  • Paninap Art Gallery may facilitate connections between customers and individual artists for direct transactions
  • When you engage in an offsite transaction (outside of our platform) with an artist, you are entering into a direct agreement with that artist, not with Paninap Art Gallery

6.2 Gallery's Role and Limitations

  • Paninap Art Gallery acts solely as a facilitator or intermediary for offsite transactions
  • We do not process payments, handle shipping, or manage fulfillment for offsite transactions
  • The gallery is not a party to any agreement between you and the artist

6.3 Artist Responsibility For all offsite transactions, the participating artist assumes sole and complete responsibility for:

  • Artwork quality, condition, and authenticity
  • Accurate product descriptions and representations
  • Payment processing and financial transactions
  • Packaging and shipping of artwork
  • Delivery timelines and tracking
  • Customer service and communication
  • Handling returns, refunds, or disputes
  • Compliance with all applicable laws and regulations

6.4 Customer Acknowledgment By engaging in an offsite transaction with an artist, you acknowledge and agree that:

  • Paninap Art Gallery is not responsible for the artist's performance or non-performance
  • All terms, conditions, pricing, and policies are determined solely by the artist
  • Our Return and Refund Policy does not apply to offsite transactions
  • These Terms of Service do not govern your relationship with the artist
  • You assume all risks associated with the offsite transaction

6.5 No Liability Paninap Art Gallery expressly disclaims all liability for offsite transactions, including but not limited to:

  • Quality, condition, or authenticity of artwork
  • Delayed, damaged, or lost shipments
  • Payment disputes or fraud
  • Misrepresentation or false advertising by artists
  • Breach of contract by artists
  • Any damages, losses, or injuries arising from offsite transactions

6.6 Dispute Resolution for Offsite Transactions

  • Any disputes arising from offsite transactions must be resolved directly between you and the artist
  • Paninap Art Gallery is not obligated to mediate, arbitrate, or resolve such disputes
  • We may, at our sole discretion, provide contact information or assistance, but we are under no obligation to do so

6.7 Recommendation We strongly recommend that you:

  • Verify the artist's credentials and reputation before engaging in offsite transactions
  • Obtain written agreements detailing all terms and conditions
  • Use secure payment methods that offer buyer protection
  • Request shipping insurance for valuable artwork
  • Maintain all correspondence and documentation related to the transaction

7. SHIPPING AND DELIVERY (GALLERY TRANSACTIONS)

7.1 Shipping

  • We ship to addresses within the Philippines and internationally (where available)
  • Shipping costs and estimated delivery times are provided at checkout
  • All artwork is carefully packaged to ensure safe delivery

7.2 Risk of Loss

  • Risk of loss and title for artwork passes to you upon delivery to the shipping carrier
  • We recommend purchasing shipping insurance for high-value items

7.3 Delivery Issues

  • You are responsible for providing accurate shipping information
  • We are not liable for delays caused by shipping carriers or incorrect addresses provided by customers

8. RETURNS AND REFUNDS (GALLERY TRANSACTIONS)

Our Return and Refund Policy is incorporated into these Terms by reference and applies only to transactions processed directly through Paninap Art Gallery. Please review our complete Return and Refund Policy for detailed information. Key points include:

  • All sales are final once artwork is purchased and shipped
  • Returns and refunds are strictly limited to specific circumstances (non-receipt or damaged items)
  • A $50 restocking fee applies to approved returns
  • Customers are responsible for return shipping costs

Note: This policy does NOT apply to offsite transactions with artists. Refer to Section 6 for offsite transaction terms.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

  • All content on our website, including images, text, logos, and artwork photographs, is owned by Paninap Art Gallery or our licensors
  • Purchase of artwork grants you ownership of the physical piece only, not reproduction rights

9.2 Copyright

  • Copyright and intellectual property rights in the artwork remain with the original artist unless explicitly transferred
  • You may not reproduce, distribute, or create derivative works from purchased artwork without permission

9.3 Website Use

  • You may not copy, reproduce, or use any content from our website for commercial purposes without written permission
  • Unauthorized use of our intellectual property may result in legal action

10. PROHIBITED USES

You agree not to:

  • Use our Services for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Use automated systems (bots, scrapers) to access the Services
  • Impersonate any person or entity or misrepresent your affiliation
  • Engage in fraudulent activities or provide false information
  • Resell artwork for commercial gain without proper authorization
  • Reproduce or distribute images of our artwork without permission

11. USER ACCOUNTS

11.1 Account Creation

  • You may be required to create an account to access certain features
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account

11.2 Account Security

  • Notify us immediately of any unauthorized use of your account
  • We are not liable for losses resulting from unauthorized account access due to your failure to maintain security

12. PRIVACY

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection and use of your personal information as described in our Privacy Policy.

13. LIMITATION OF LIABILITY

13.1 Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, PANINAP ART GALLERY SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Damages resulting from your use or inability to use our Services
  • Damages relating to the condition, quality, or authenticity of artwork (except as expressly warranted)
  • Any claims, damages, or losses arising from offsite transactions with artists

13.2 Maximum Liability Our total liability to you for any claims arising from your use of our Services shall not exceed the amount you paid for the specific artwork giving rise to the claim (applicable only to gallery transactions).

13.3 Artwork Condition While we take great care in packaging and shipping, we are not liable for damage occurring during shipping once the item is in the carrier's possession (subject to our Return and Refund Policy for gallery transactions).

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Paninap Art Gallery, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your misuse of purchased artwork or our Services
  • Your participation in offsite transactions with artists
  • Any disputes between you and artists regarding offsite transactions

15. DISPUTE RESOLUTION

15.1 Governing Law These Terms are governed by and construed in accordance with the laws of the Philippines, without regard to conflict of law principles.

15.2 Jurisdiction Any disputes arising from these Terms or your use of our Services (excluding offsite transactions with artists) shall be subject to the exclusive jurisdiction of the courts of the Philippines.

15.3 Informal Resolution We encourage you to contact us first to resolve any disputes informally before pursuing formal legal action.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website.

16.2 Notification We will make reasonable efforts to notify you of material changes to these Terms.

16.3 Continued Use Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms.

17. MODIFICATIONS TO SERVICES

We reserve the right to:

  • Modify, suspend, or discontinue any aspect of our Services at any time
  • Change prices, products, or features without prior notice
  • Limit or terminate your access to our Services for violation of these Terms

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and Paninap Art Gallery regarding your use of our Services.

21. CONTACT INFORMATION

For questions about these Terms of Service, please contact us:

Paninap Art Gallery
Phone/GCash: 09560458456
Facebook Page: Paninap Art Style
Facebook: Romel Abapo Obellano
YouTube: PANINAP ART (www.youtube.com/@paninapart)

22. ACKNOWLEDGMENT

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT FOR OFFSITE TRANSACTIONS WITH ARTISTS, THE ARTIST ASSUMES SOLE RESPONSIBILITY FOR ALL ASPECTS OF THE TRANSACTION, INCLUDING SHIPPING, AND THAT PANINAP ART GALLERY BEARS NO LIABILITY FOR SUCH TRANSACTIONS.