TERMS AND CONDITIONS
Updated: June 12, 2025

Introduction and Overview

Welcome to the website (“Site”) of fine artist Kader Boly and Kader Boly Art, LLC (collectively, “Kader Boly”, “we”, “us” or “our”) at Kaderboly.art. The following terms and conditions (the “Terms and Conditions”) govern your use of our Site. By accessing, viewing or utilizing our Site for any purpose, you accept, and agree to comply with: (a) these Terms and Conditions, and (b) our Privacy Policy (“Privacy Policy)” (<link to Privacy Policy>). If you are making any purchases through our Site, be sure to carefully review the Terms of Sale outlined below, which are incorporated into and made part of these Terms and Conditions and together shall constitute a single integrated agreement.

We may revise our Terms and Conditions at any time, without notice to you, and such changes will become effective immediately upon posting on our Site. However, if making a purchase on our Site, the Terms of Sale posted on the Site at the time of purchase will govern. If you do not agree to these Terms and Conditions, you are not permitted to view or use our Site for any purpose and must immediately leave the Site.

If you have any questions about these Terms and Conditions please contact us via email: KaderBoly.1031@gmail.com, or by phone: (505) 303-8847.

Proprietary Rights

Kader Boly exclusively owns all rights, title and interest in and to the Site, including all data, content, graphics, artwork, images, photographs, likeness, code, software and other material on, in, or made available through the Site (the “Site Contents”), including the look, design and arrangement of the Site Contents (together with the Site Contents, the “Site Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, moral rights and other intellectual property and rights therein, irrespective of whether any of the Site Proprietary Content is registered or reserved under any intellectual property laws. Under no circumstances will you have any rights in or to the Site or the Site Proprietary Contents, other than the right to use the Site in strict accordance with these Terms and Conditions. You agree that nothing on the Site grants any right or license to use any of the Site Proprietary Contents except as may be specifically set forth in these Terms and Conditions.

Permitted Uses

You may access and view the Site on your computer or other device, contact us via the contact information above or through the Site, as well as purchase Kader Boly’s goods or services through the Site.

Prohibited Uses

You are prohibited from, and you agree that you will not: (a) use the Site for any illegal or unauthorized purposes that violate the laws of the United States or any other applicable jurisdiction (including, without limitation, import, export and copyright laws); (b) download, post, display, publish, copy, distribute, transmit, broadcast or create derivative works from, or otherwise exploit, any of the Site Proprietary Contents; (c) alter, edit, delete, remove, change the meaning or appearance of any of Site Proprietary Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyrights or copyright notices or any other proprietary notices on any Site Proprietary Contents; or (d) attempt to gain unauthorized access to our computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided through the Site.

We reserve the right to suspend or terminate your access to, or use of, the Site based upon: (a) your failure to comply with these Terms and Conditions, or (b) for any other reason in our sole discretion.

Trademarks

The names, titles, trademarks, service marks, and logos on the Site, including without limitation “Kader Boly Art” are registered or unregistered marks of Kader Boly (the "Trademarks"). You acknowledge and agree that nothing on the Site grants any right or license to use any of the Trademarks.

Linking

Links to unaffiliated sites. The Site may contain links to third-party web sites or services that are not owned or controlled by Kader Boly. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Links to other Kader Boly content. The Site may contain links to other online sites or content (including social media sites) owned by Kader Boly, including without limitation Kader Boly’s Instagram ® account @kaderboly (“Other Kader Boly Online Content”). You acknowledge and agree that nothing on the Site grants any right or license to use any of the Other Kader Boly Online Content except for viewing. These Terms and Conditions, including but not limited to the provisions governing Kader Boly’s proprietary and intellectual property rights in or to the Site Proprietary Contents, also apply to all Other Kader Boly Content to the maximum extent allowable by law.

Disclaimer

Kader Boly is not responsible for, and we do not guarantee, the accuracy or completeness of any Site Proprietary Content or other items contained on or through the Site. We reserve the right to immediately remove or make changes to any Site Proprietary Contents for any reason in our sole discretion.

WE PROVIDE THE SITE ON AN "AS IS" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WE MAKE REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF ANY CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD-PARTY MAY INCUR AS A RESULT OF THE USE, OR UNAVAILABILITY, OF THE SITE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES WHICH MAY AFFECT, YOUR COMPUTER, PHONE, TABLET, OR OTHER SITE ACCESS DEVICE ARISING FROM YOUR USE OF THE SITE.

Limitation of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO WILLFUL OR NEGLIGENT ACTS, SHALL KADER BOLY OR ANY OF ITS OWNERS, EMPLOYEES, CONSULTANTS, AGENTS, AFFILIATES, OR LICENSORS (COLLECTIVELY, THE “PROTECTED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM, OR ARE CONNECTED TO: (a) THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, SITE SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE; (b) YOUR PURCHASE OF ANY WORKS; or (c) THE INACCURACY OF ANY INFORMATION PROVIDED IN CONNECTION WITH YOUR PURCHASE OF WORKS, ALL OF THE FOREGOING REGARDLESS OF THE LEGAL BASIS THEREOF, WHETHER OR NOT YOU OR THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PROTECTED PARTIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM USE OF, OR ACCESS TO, THE SITE, THE SITE PROPRIETARY CONTENTS, USER INFORMATION OR SUBSCRIBER INFORMATION ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR GOODS OFFERED OR SOLD IN CONNECTION THEREWITH EXCEED THE PRICE OF GOODS PURCHASED AND PAID FOR BY YOU VIA THE SITE IN THE PRECEDING SIX (6) MONTH PERIOD. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Indemnification

To the greatest extent allowable by law, you shall indemnify, defend and hold the Protected Parties harmless against any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees and court courts) arising out of, or connected to, your: (a) use of the Site, or goods or services purchased through the Site; (b) fraudulent act or omission, including but not limited to providing false information at the time of purchase of any products or services; or (c) violation of any law or breach of these Terms and Conditions.

Governing Law and Venue

These Terms and Conditions shall be governed by the laws of the State of Georgia, without reference to its conflicts of law principles. By accessing, viewing, or using the Site for any purpose (including but not limited to making any purchases), and in connection with any claim arising out of, or related to, these Terms and Conditions, you agree to the personal jurisdiction of the federal and state courts located in or presiding over Hapeville, Georgia, and waive the right to contest personal jurisdiction on any grounds.

Miscellaneous Provisions

Territory. This Site is hosted in, and controlled and operated from within, the United States. We make no representations or warranties that the Site or any Site Proprietary Contents or other content on the Site is appropriate or available for use in other locations, and access to, or use of, the Site from locations where such access or use is unlawful is strictly prohibited. You are solely responsible for ensuring compliance with applicable law from without the U.S.

Attorney Fees and Costs. If we initiate any civil action against you arising from your violation of these Terms and Conditions, you shall be liable for, in addition to any other remedies available at law or equity, Kader Boly’s reasonable attorney fees and court costs.

Severability. To the extent that any provision of these Terms and Conditions is found to be illegal or unenforceable for any reason, that provision shall be modified or deleted in a manner which makes the Terma and Conditions as modified legal and enforceable to the greatest extent permitted by law.

Waiver. Waiver by Kader Boly of your breach of any term in these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach by you. No waiver is effective unless provided to you in writing.

Assignment. These Terms and Conditions, including but not limited to all rights conferred therein, may be assigned by Kader Boly and shall inure to the benefit of its successors and assigns.

Rights Cumulative. The rights and remedies of Kader Boly set forth in these Terms and Conditions shall be in addition to, and shall not be construed as a waiver of, any other remedies available at law or equity available under the laws of any jurisdiction.

Entire Agreement. These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Kader Boly regarding the subject matter hereof and supersedes all prior written or oral representations regarding same.

Relationship of Parties; Authority. Nothing contained herein shall be construed as creating any agency, partnership, franchise, business opportunity, joint venture or other form of joint enterprise, employment, or fiduciary relationship between you and Kader Boly, and neither you nor Kader Boly shall have authority to contract for or bind the other party in any manner whatsoever. Each party represents and warrants that it has full authority to enter into these Terms and Conditions, grant the rights herein, and perform its obligations and exercise its rights hereunder.

TERMS OF SALE

The Terms of Sale set forth below govern your purchase of any goods offered for sale through the Site, including original paintings, prints, textiles, book art, pottery, or any other goods and works sold on the Site (individually the “Work” or collectively the “Works”). By placing an order for any Works you agree to these Terms of Sale, which shall constitute a binding agreement between you and Kader Boly. These Terms of Sale include all of the terms and provisions contained in these Terms and Conditions, which together shall constitute a single integrated agreement.

Sale of Works

We represent and warrant to our best knowledge and belief that: (a) we authorized to sell the Works, and (b) upon acceptance of your order and receipt of payment in full by us (the “Sale”), good and marketable title to and right to possession of the Works will pass to you free of any liens, claims or encumbrances. The foregoing representations shall survive the Sale subject to any applicable statute of limitations and are intended solely for the benefit of the original purchaser of record and may not be transferred to any third party. OTHER THAN AS EXPRESSLY PROVIDED IN THIS PARAGRAPH OR AS MAY BE REQUIRED BY LAW, WE DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, TO YOU OR ANY OTHER BUYER WITH RESPECT TO THE WORKS OR THE SALE, AND WE DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES RELATED THERETO, INCLUDING BUT NOT LIMITED TO THOSE REGARDING QUALITY, RARITY, CONDITION, PROVENANCE, MERCHANTABILITY, SIZE, OR FITNESS FOR A PARTICULAR PURPOSE.

All Works sold on the Site are sold on an “as-is” basis. You are responsible for reviewing all information on the Site related to the Work before placing an order, including but not limited to any information about the Work’s physical condition. Although we endeavor to provide accurate descriptions and images of Works, we do not warrant nor represent that the descriptions and images are complete, accurate, current, reliable, or error-free. We are not responsible for your obligation to independently verify or investigate the condition or quality of any Work(s) that you purchase.

All orders are subject to our acceptance and we are not obligated to complete the Sale unless and until we accept the order and you have completed the checkout and payment process. Orders are subject to product availability. In addition, in our sole discretion we may cancel or refrain from completing the Sale for any reason (e.g., Works are out of stock, suspected fraudulent activity, pricing errors, etc.). If we accept your order and finalize the Sale, you will receive a confirmation email with your order number, a summary of the items ordered, and pricing details. A Sale shall not be deemed completed unless and until we have received and verified your payment in full and you have received the confirmation email. If we cannot, or choose not to, complete the Sale you will receive an email setting forth the reasons.

Prior to submitting payment, you are solely responsible for reviewing all purchase details as may be set forth on the checkout page, including price (including any shipping costs and any taxes or other fees), quantity, and whether any additional terms or conditions may apply. Notwithstanding any term contained herein to the contrary, any additional terms or conditions relating to a particular purchase that may be set forth on the checkout page shall be integrated into and made a part of hereof.

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the offering for sale of any Works in our sole discretion.

Intellectual Property Rights to the Works. Kader Boly owns and retains all intellectual property rights in any purchased Works, including without limitation all rights under the U.S. Copyright Act (17 U.S.C. §§ 101 – 810) or under the applicable laws of any other jurisdiction for the maximum duration that those rights apply, and irrespective of whether or not any intellectual rights in the Works have been registered or reserved. Nothing contained herein or on the Site, nor any written or oral statement by Kader Boly or any of its agents or representatives to the contrary, nor your purchase of any of the Works, grants you any right or license in, or permission to use, the Works or to modify, copy, alter, reproduce, or create derivative works of the Works, except for your sole right to own the physical embodiment of the Work(s) you purchased. All intellectual property rights in the Works purchased or viewable on the Site are expressly reserved by Kader Boly. Your purchase of any Work does not confer any intellectual property rights in the Work unless you and Kader Boly agree otherwise, and only pursuant to a separate written agreement.

Export Sales. Certain Works may require customs or regulated permits for export to your home country, or may be subject to a right of purchase of that country. We are not responsible for, and do not make any representation or warranty regarding, the requirement for, or the availability or issuance of, any valid export permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities. It is your sole responsibility to identify and obtain any applicable export rights, permissions, or permits.

Payment and Pricing

By placing an order, you authorize us and our third-party payment service provider to immediately charge your selected method of payment for all amounts listed on the checkout page. Note that our third-party service providers may have additional rules and policies for processing payments posted on their websites and may update such rules and policies from time to time. You are solely responsible for reviewing, understanding and complying with all third-party rules and policies.

We will use reasonable efforts to provide accurate pricing information for Works sold on our Site, but do not guarantee that pricing will be free of errors. If there is a pricing error related to your order, we will notify you and you may either cancel the order or confirm the order at the corrected price. However, we reserve the right to cancel any order if a pricing error occurs. All prices listed on the Site are in U.S. Dollars and are subject to change without notice. The listed prices do not include taxes (including applicable import duties) or charges for shipping and handling (if applicable), or other applicable fees. The final total price will be displayed on the checkout page. You are responsible for paying all applicable shipping, sales and use taxes, VAT, export/import taxes and duties and all transactional taxes or levies relating to each Work you purchase, whether charged to you by us on the checkout page or by the carrier or governmental body. For orders shipping internationally, orders are Delivered Duties Unpaid (DDU). These duties and taxes cannot be recovered if any Works are returned (refer to the Return Policy below).

From time to time we may offer you discount codes for select purchases. A discount code can be applied to the purchase price (excluding shipping and taxes) of eligible Works, and cannot be combined with other discount codes. We may suspend, cancel, amend or revoke discount codes at any time without prior notice.

Shipping

The shipping carriers we currently work with ship within the continental U.S., Hawaii, and Alaska in addition to over 100 countries and territories worldwide. However, the cost of shipping and timing will depend on the shipping location. We may from time to time include shipping as part of the cost of the Work. You will not be charged for shipping unless a shipping cost is added to your total on the checkout page. We are not liable for any loss or damage caused by a delay in shipment or by the acts or omissions of our shipping carriers, including packing, handling or shipping. Please note that we are not able to ship products to certain destinations, including any country that is currently subject to a U.S. embargo, sanction or other export controls.

Insurance and Risk of Loss. As soon as the purchased Work is picked up by our carrier all risk of loss passes to you and is not covered by our insurance. To help ensure the protection of your purchased Work during shipping, we encourage you to purchase shipping insurance and file a claim under your policy in the event of any damage to Work occurring during transit.

Return Policy

There are limited circumstances in which we will accept returns. First, in order for us to accept any returns you must notify us in writing no later than two (2) business days from the date of delivery to the email address provided above. We strongly encourage you to inspect the Work immediately upon receipt.

When submitting your return request:

Write “Return Request” in the subject line.
Identify the Work(s) that you wish to return, the date of purchase and order number, and the reason for your request.
Provide images of the Work that you believe to be damaged or nonconforming.
Request a delivery receipt on the email. This will be used to confirm that your request was successfully delivered within the required timeframe.

Once we receive your request, we will reach out to you to discuss your concerns and attempt to resolve the matter to your satisfaction. We reserve the right to deny all return requests for any reason in our discretion. Under no circumstances will we issue a refund for original paintings or other original or “one-of-a-kind" Works.

If we accept your return you will receive credit towards the purchase of a new or other Work. We do not issue refunds except for prints in limited circumstances (see below) The credit will be equal to the original purchase price (after any discount codes at the time of purchase are applied), less a 10% fee for handling and the cost of return shipping to you. All shipping costs, taxes, processing fees, import duties or other fees paid at the time of your purchase (where applicable) will not be refunded. Each returned Work must be received in the same condition it was when it was shipped to you. You are also responsible for the cost of packaging and shipping the Work back to us. We reserve the right to decline any return shipped or deduct the value of any additional damages assessed when we receive the Work.

Refunds for Prints Only. We will only issue refunds for prints, but only if: (a) you follow all of the rules under this Return Policy; and (b) if you demonstrate that the frame was broken or damaged upon receipt of the print. As stated above, we do not provide refunds for any original or “one of a kind” Works.

Additional Rules Governing Purchases

When making a purchase on our Site, you must comply with applicable laws, rules and regulations, these Terms and Conditions (including Terms of Sale), and our Privacy Policy. In addition, in connection with all purchases you agree as follows:

When making a purchase you will provide us with your current, complete and accurate information.
You represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you will provide us with truthful, correct and complete payment information; (c) you are duly authorized to use such payment method for the purchase; (d) charges incurred by you will be honored by your credit or debit card company; and (e) you have read, understood and agree to comply with all rules governing the Sale, including these Terms of Sale.
If you provide us with any information in connection with the Sale, you agree that we may use such information and content as permitted by our Privacy Policy and Terms and Conditions.
You represent and warrant that: (a) you have no knowledge or reason to believe that you are under investigation, charged with or have been convicted of any money laundering crime, terrorist activity or act in violation of any anti-bribery or anti-corruption law (including the US Foreign Corrupt Practices Act), and (b) you are not subject to trade sanctions, embargoes or restrictions in any jurisdiction (“Prohibited Person”), are you owned or controlled by a Prohibited Person, and none of the amounts you pay us will be funded by a Prohibited Person.

Release of Claims

You, for yourself and your successors, representatives, heirs, agents and assigns, waive and fully release the Protected Parties (defined above) from any third-party demands, claims, suits, judgments, losses, expenses, costs and other liabilities whether known or unknown, asserted or unasserted, which you have, may have, or ever had against any Protected Party in connection with your purchase of any Works.

Force Majeure

We will not be responsible to you for any delay or failure in performance hereunder if and to the extent caused by or results from circumstances or actions beyond our reasonable control or that makes performance impracticable or impossible, including fire, flood, earthquake, other natural disaster, act of God, governmental action, war, invasion, hostilities, explosion, terrorist threat or action, riot, civil unrest, national emergency, revolution, insurrection, public health emergency, epidemic, disease outbreak, lockouts, strikes or other labor disputes, supplier or carrier delay, telecommunication or power outage, nuclear or chemical contamination, or other condition that threatens the safety, life or health of our personnel, customers or service providers, as determined by Kader Boly in our reasonable discretion (collectively “Force Majeure Event”). If we are prevented from or delayed in performing any of our obligations by a Force Majeure Event, we shall promptly notify you and commence performance when and to the extent possible without unreasonable delay. In addition, if a Force Majeure Event materially impedes or interferes with our ability to perform our obligations relating to any Sale, and unless you object in writing within seven (7) business days of our notice to you, we reserve the right to modify our obligations relating to the Sale.

Notices

Any notices required by law, judicial order, or by these Terms of Sale, shall be complete upon our delivery of such notice to you via email at the email you provided at the time of Sale.