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Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("T&C") constitute a legally binding agreement between you ("User," "Buyer," or "Customer") and CiCi Rose Art ("Artist," "We," "Us," or "Our"), governing your access to and use of this website and all services and products offered therein, including the sale of original artwork and commissions. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3. Products and Services

A. Artwork Sales

  • Availability and Description: All descriptions of products (artwork) are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store, but we cannot guarantee that your computer monitor's display of any color will be accurate.

  • Originals: Each original artwork is unique. Due to the handmade nature of the artwork, minor variations, imperfections, or artistic marks are inherent to the process and are not considered defects.

B. Commissions and Custom Work

  • Agreement: All custom design requests and commissions require a separate, written agreement detailing the scope of work, timeline, fees, and revisions allowed.

  • Deposits: A non-refundable deposit is required to begin any custom commission work. This deposit covers initial design time and materials, and is decided during the consulting phase.

  • Artistic License: The Artist reserves the right to exercise creative license in the interpretation and execution of the final artwork. While we strive to meet the client's vision, the final execution is at the discretion of the Artist.

4. Pricing and Payment

  • Pricing: Prices for our products are subject to change without notice.

  • Taxes: All prices are exclusive of applicable taxes, customs, duties, and fees. You are responsible for all such charges.

  • Payment Security: We utilize third-party payment processors (e.g., Wix Payments, Zelle) to handle all transactions securely. We do not store sensitive payment information.

5. Intellectual Property and Copyright

  • Retention of Rights: Notwithstanding the purchase of physical artwork, the Artist retains all copyrights and intellectual property rights to all original artwork, digital designs, commissioned pieces, and any preliminary sketches or concepts created.

  • No Reproduction: The Buyer is prohibited from reproducing, distributing, or creating derivative works from the purchased artwork, either for personal or commercial use, without the explicit written permission of the Artist.

  • Portfolio Use: The Artist retains the right to use images of commissioned and sold artwork for marketing, portfolio display (including online), and promotional purposes.

6. Shipping and Risk of Loss

  • Reference Shipping Policy: All matters concerning shipping, delivery times, costs, and lost or damaged goods are governed by our separate Shipping Policy, which is incorporated into these T&C by reference.

  • Risk: Once the artwork is shipped and tracking is provided to the Buyer, the risk of loss and title for the artwork passes to the Buyer at the time the carrier accepts the shipment.

7. Returns and Refunds

  • Final Sale on Originals: All sales of original artwork are final. We do not offer returns or exchanges based on a change of mind.

  • Damaged Goods: If artwork is damaged during shipping, please refer to the Shipping Policy for instructions on filing an insurance claim and resolution.

  • Commission Refunds: Commission deposits are non-refundable. Refunds for the remainder of a commission are subject to the terms of the specific commission agreement.

8. Limitation of Liability

CiCi Rose Art shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or any products procured using the service, or for any other claim related in any way to your use of the service or any product. Our liability is expressly limited to the purchase price of the specific product in question.

9. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Nevada and the United States.

10. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to update, change, or replace any part of these T&C by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

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