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February 6, 2026, Terms and Conditions.

Between Movetta Gale Newell, hereinafter "Movetta Gale Newell," "we," or "MERCHANT," and the "User," "Customer," "You," or "Visitor."

Please read the details of the following terms and conditions carefully.

By accessing and/or using the barakcreationsart.com website (the "Website"), you (the "User") acknowledge that you have read, understood, and accepted without limitation or qualification these terms and conditions, and your use of the Website indicates your acceptance as a User of the following terms of use.

If you do not agree to the terms and conditions, do not access or continue to use the website.

These Policies are valid for the THE MERCHANT Website and it is understood that when purchasing any of our products or services, the customer accepts the service policies specified below.

 

General Policy

1.- PAYMENT: The customer agrees to pay / settle / cancel the purchase order placed via the Website in full. The type of payment will be selected at checkout, and options may include payment by credit card and Transfer.

2.- ORDER POLICIES: The customer must provide full details of the recipient's address. The MERCHANT reserves the right not to deliver information to the customer in case he/she has provided partial or misleading information about his/her identity.

DELIVERY POLICIES: The MERCHANT delivers nationally and internationally, subject to the availability of delivery determined by The MERCHANT, applying restrictions related to the location provided by the customer that makes delivery difficult or impossible. The customer is obliged to provide the necessary information of the recipient to effect the delivery of the ordered product(s). Any error or lack of information in this regard shall be the sole responsibility of the customer. The estimated delivery time will depend on the service contracted and the place of delivery.

4.- LIMITATION AND LIABILITY: Use of online banking without the owner's authorization or credentials. We are not responsible for purchases made using credit cards without prior authorization from the owner or for the use of stolen credentials; it being understood that the person making the purchase is fully authorized to carry out the transaction and that, therefore, we cannot refuse to process it. Conducting transactions over the internet without the prior consent of the owner constitutes fraud which is punishable by applicable law.

We do not accept, under any circumstances, any payment not acknowledged by the customer due to lack of knowledge of the method of payment or disagreement with delivery. The fact of establishing a claim with the bank without knowing your purchase implies a suspicion of potential fraud, so with the information of the order and signature of receipt of the order by the recipient, it will have sufficient evidence to support the claim to be filed. It is therefore of vital importance that the customer always contacts us to clarify any point.

5.- CONSUMER PROTECTION: We are committed to abide by the provisions of the Consumer Protection and Defense Law and the guidelines regarding the PRIVACY POLICY.

6.- NOT FORESEEABLE: Any situation not foreseen in these policies will be resolved by our Customer Service. At all times will be verified under the philosophy of maximum customer satisfaction and compliance with our agreements, with the understanding that there will be external agents to us that will prevent us from fulfilling our purpose.

7.- INFORMATION SECURITY: The transfer of personal data and the integrity of the Website is protected by using SSL (Secure Sockets Layer) encryption technology as a secure channel in the transactions you make.

8. AVAILABILITY AND PRICES: Prices are expressed in JAMAICAN DOLLARS (JMD). They may also be subject to change without prior notice. The MERCHANT ensures the availability of the products and services shown on the website. Should a situation of unavailability arise, The MERCHANT will promptly inform its customers, via email, of this situation beyond our control, indicating the reason why the service cannot be delivered within the estimated delivery time.

9. CONFIDENTIALITY: The data provided by the User will be considered confidential and of limited use by the Website, according to the terms and conditions herein.

However, The MERCHANT may share or transfer the data provided by the User with companies related to The MERCHANT and/or third parties in order to perform its obligations and offer its services to the User.

 

The MERCHANT may disclose such information in the following cases: (a) if required by a judicial or administrative authority; (b) if necessary in order to exercise its rights under the Terms and Conditions; (c) if such data is useful for the protection of the rights of third parties; and/or (d) when useful for the protection of the rights, property, or safety of The MERCHANT, persons related to it, employees, Users, or the general public.

 

Intellectual and industrial property

a) The Website and its contents, including designs, texts, graphics, logos, icons, buttons, source code, images, videos, and data compilations, as well as the software, trade names, trademarks, works, illustrations, photographs, or industrial drawings and any other signs susceptible to industrial and commercial use, (i) are the property and ownership of THE MERCHANT and/or third-party owners of the same who have duly authorized their inclusion on the Website and (ii) are protected by national and international legislation on intellectual and industrial property.

b) Under no circumstances shall it be understood that THE MERCHANT grants any license or waives, transmits, or totally or partially transfers said rights, nor does it confer any right or expectation of rights, and in particular, of alteration, transformation, exploitation, reproduction, distribution, or public communication of said content without the prior express and written authorization of THE MERCHANT from the corresponding owners.

c) The graphic materials, logos, page headers, advertising phrases, button icons, written text, and service names that are the property of THE MERCHANT may not be used in connection with any product or service that may cause confusion among customers or users and in any manner that discredits THE MERCHANT.

d) Other trademarks not owned by The MERCHANT that appear on this Website belong to their respective owners, as The MERCHANT respects the intellectual property of others.

e) No product, image, or sound may be reproduced, duplicated, copied, sold, resold, visited, or exploited for any purpose, in whole or in part, without the prior written consent of THE MERCHANT. Likewise, all information contained in this website is exclusively for the personal use of the customer or user, and it may not be copied, modified, or reproduced, in whole or in part, sold, published, or distributed for commercial purposes or otherwise. It is not permitted to use this website to promote for any commercial purpose, including any advertising or revenue-generating activity on websites other than this one.

User Obligations

In general, users must always act in accordance with the law, good customs, and the requirements of good faith, using due diligence and refraining from using the Website in any way that may impede, damage, or deteriorate the normal operation of the Website or the property or rights of THE MERCHANT, its suppliers, other users, or any third party in general.

Specifically, and without this implying any restriction to the previous section, during the use of the Website, the User is obliged to:

a) Provide truthful information about the data requested on the order form.

b) Not to enter, store, or disseminate on or from the Website any information or material that is defamatory, offensive, obscene, threatening, xenophobic, incites violence, or discrimination on grounds of race, sex, ideology, or religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy, or the image of third parties and, in general, current legislation.

c) Not to introduce, store, or disseminate through the Website any program, data, virus, code, or any other electronic or physical device that may cause damage to the Website, to any of the services, or to any of the equipment, systems, or networks of THE MERCHANT, of any other user, of the suppliers of THE MERCHANT, or, in general, to any third party.

d) Not to carry out advertising or commercial exploitation activities through the Website and not to use its contents and information to send advertising or to send messages for any other commercial purpose or to collect or store personal data of third parties.

e) Not to use false identities, nor to impersonate the identity of others in the use of the Website or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.

f) Not to destroy, alter, use for any other purpose, render useless, or damage the data, information, programs, or electronic documents of THE MERCHANT, our suppliers, or third parties.

g) Not to introduce, store, or disseminate through the Website any content that infringes the intellectual or industrial property rights or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.

Applicable law and competent jurisdiction

The conditions of use of the Website are subject to the legislation of Jamaica, and any disputes arising from the same shall be resolved before the Courts and Tribunals of Jamaica, which shall have sole and exclusive jurisdiction over any other forum.

Contact and Notifications

a) Notifications to THE MERCHANT:

For any questions or incidents with the use of the Website or a purchase, you should contact:

By email: barakcreationsart@gmail.com

A notification, or any other type of communication to THE MERCHANT, will only be considered to have been validly sent when it is sent to the above email address.

b) Notifications to the User:

A notification, or any other type of communication, made to the User, shall be considered to have been validly sent when it is addressed to a virtual address that has been provided by the User or from which the User operates.