Terms of service

Terms and Conditions

TERMS OF USE AGREEMENT

Welcome to the Art & See website (hereinafter referred to as "our Website"), owned and operated by Art & See (hereinafter referred to as "Art & See"). This agreement, which sets forth the Terms of Use for our Website (hereinafter referred to as "Agreement"), is entered into by and between the user of our Website (hereinafter referred to as "you" or "your") and Art & See.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE

By accessing, browsing and/or using any areas of our Website, you acknowledge that you have read this Agreement, understand it and unconditionally agree to be legally bound by this Agreement and all of the Terms of Use for our Website as contained herein. If you do not agree to be legally bound by this Agreement, do not use our Website.

ACCEPTANCE AT CHECKOUT

In addition to acceptance through use of the Website, by placing an order through our checkout, you affirmatively agree to this Agreement, our Refund Policy, and our Privacy Policy. Where our checkout requires you to check a box or take an equivalent affirmative action to confirm acceptance, doing so constitutes a binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and equivalent legislation in your jurisdiction. The version of this Agreement and the Refund Policy displayed and accepted at checkout governs your order, including any subsequent dispute, refund, return, or chargeback related to that order.

CHANGES IN TERMS OF USE

Art & See reserves the right to revise, amend, alter, modify, update or impose new additions to this Agreement at any time. Modifications shall apply prospectively only and shall not affect the terms governing transactions completed prior to the modification date. The version of this Agreement in effect at the time of your purchase shall govern that purchase, including any subsequent dispute, refund, return, or chargeback related to that purchase. For this reason, you should periodically visit this page to review the most current Terms of Use for our Website.

WEBSITE CONTENTS, PROPRIETARY RIGHTS AND USE RESTRICTIONS

Our Website in its entirety, including, but not limited to, all website design, content, information, images, data, illustrations, page designs, headers, icons, photographs, text, logos, descriptions, video or audio clips, graphics, code, programs, computer software or any other material, (hereinafter collectively referred to as the "Contents"), are the sole property of Art & See, and are protected by copyrights (U.S. and international), trademarks, trade dress, service marks and/or other proprietary rights owned by Art & See and/or their affiliates, and all rights thereto are specifically reserved. All of the Contents of our Website are copyrighted as a collective work under the U.S. copyright laws, and Art & See owns a copyright in the selection, coordination, arrangement and enhancement of such Contents. Using our Website does not confer, by implication, estoppels or otherwise, any ownership right to our Website as a whole or to any individual elements of our Website, without regard to whether such elements are subject to copyright or trademark protection. In addition, nothing contained in our Website grants or should be construed as granting to you, any license or right to use any trademarks, trade names, logos, or service marks displayed on our Website, without the written permission of Art & See.

The Contents of our Website and our Website as a whole, is intended solely for your personal, non-commercial use, and such use is limited to you accessing and using our Website for the sole purpose of browsing, shopping and ordering of products from our Website. Any other use of our Website by you is strictly prohibited. Our Website or any of the Contents of our Website may not be reproduced, published, copied, duplicated, modified, distributed, transmitted, displayed, sold, resold, licensed, or otherwise exploited, in whole or in part, for any commercial purpose, unless you have obtained prior written permission from Art & See. Art & See prohibits the use of the Art & See logo or any of our Website Contents, as a link to any website, unless creating such a link is approved in advance by Art & See.

Our Website and its Contents may contain typographical errors, errors of omissions or inaccuracies and may not be complete or current. Art & See reserves the right to correct any errors, omissions or inaccuracies and to update or change the Contents of our Website at any time, without prior notice, including after any order has been submitted to Art & See. As a result, Art & See reserves the right to cancel or refuse to accept any order that contains any errors, omissions or inaccuracies in either the Contents, pricing and/or availability, whether or not the order has been confirmed or your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Art & See will promptly issue a refund to your credit or debit card account in the amount of your purchase.

PRICES AND ORDERS

All prices displayed on our Website are in U.S. Dollars. All prices and product availability are subject to change without notice. Prices advertised on our Website are for online orders only. In addition, Art & See reserves the right, at any time and for any reason, to refuse, limit or cancel any orders, whether or not the order has been confirmed and your credit or debit card charged. In the event your order is cancelled and your credit or debit card has been charged, Art & See will promptly issue a refund to your credit or debit card account in the amount of your purchase.

COLOR AND PRODUCT DESCRIPTION

Art & See has made every effort to display as accurately as possible the colors of our products that appear on our Website. However, as the actual colors you see will depend on your monitor, Art & See cannot guarantee that your monitor's display of any color will be accurate. In addition, the oil paintings Art & See offers for sale on our Website are all hand-painted by individual artists and as a result, there may be some variations in the oil painting you receive and the picture displayed on our Website. All product descriptions appearing on our Website are attempted to be as accurate as possible. However, Art & See does not warrant that any product descriptions are accurate, complete, current, or error free. If a product delivered by Art & See is not as described or depicted on our Website, your remedy is governed by our Refund Policy.

REFUND POLICY

By placing an order on our Website, you acknowledge that you have read, understood, and agreed to be bound by Art & See's Refund Policy, which is incorporated into this Agreement by reference and forms a binding part of this Agreement. The Refund Policy governs all matters relating to cancellations, returns, refunds, store credit, return authorizations, resolution framework, and any post-delivery remedies. In the event of any conflict between this Agreement and the Refund Policy, the Refund Policy shall prevail with respect to matters within its scope.

CUSTOM ORDERS, APPROVAL, AND ABANDONMENT

All Art & See paintings are hand-painted to order. No items are held in inventory; every painting is created specifically for your order, allocating materials and labor to your specifications upon order placement. By placing an order, you acknowledge and agree to the following terms, which form a binding part of this Agreement.

Approval is Binding

Where you have selected the preview option, our artists will email a photo preview of your painting to the email address provided at checkout before shipment. You may request unlimited revisions at no additional cost prior to approval. Written approval — including any email reply containing affirmative language such as "approved," "yes," "send it," "looks good," "perfect," "ship it," or substantially similar — constitutes irrevocable acceptance of the painting's appearance, color, brushwork, composition, and conformance to your specifications. By approving, you waive any right to dispute, chargeback, return, or refund based on characteristics visible in the approved preview image.

Preview Dissatisfaction

Hand-painted oil paintings cannot be fully evaluated from digital preview images alone, as photographic representation cannot capture brushwork texture, true color, or the physical presence of an oil painting. Customer dissatisfaction with a preview image after the 24-hour cancellation window does not entitle the customer to cancellation or refund; the customer's remedy is to request unlimited free revisions through our preview process until satisfied. Refund eligibility, where applicable, is assessed only after physical delivery and inspection of the completed painting.

Inherent Variations

Hand-painted oil paintings exhibit individual artist interpretation: brushstroke variation, subtle color tonality differences from digital displays, texture irregularities, and minor compositional variances from the source image. These characteristics constitute the artwork "as described" for all purposes, including payment dispute resolution. They are features of authentic handmade art, not defects, and are not grounds for refund, return, or chargeback.

Communication and Notice

All preview, approval, follow-up, and order-related communications are sent to the email address provided at checkout. Notification of an email being sent to your email address on file constitutes adequate notice under this Agreement, regardless of whether the email is opened, filtered, or read. You are responsible for monitoring your inbox, including spam, junk, promotional, and updates folders. We recommend adding [email protected] to your email contacts. Failure to receive emails due to filtering, blocking, or any cause outside our control does not constitute lack of notice.

Silence and Abandonment

If you do not respond to preview approval requests and follow-up communications within 30 days of the initial preview email, your order is deemed abandoned. Materials and labor have been irrevocably committed to your specifications; production costs are forfeit; the artwork remains the property of Art & See; and payments collected are retained as liquidated damages reflecting the actual costs of bespoke production. By placing an order requiring approval, you agree to this process and acknowledge that abandonment after notice does not entitle you to a refund, return, exchange, or chargeback.

PRE-DISPUTE COMMUNICATION REQUIREMENT

Before initiating any payment dispute, chargeback, or claim with any payment processor, card issuer, financial institution, regulatory body, or third-party complaint forum in connection with any order placed with Art & See, you agree to first contact Art & See at [email protected] with a written description of the issue and to provide a reasonable opportunity to cure of not less than fourteen (14) calendar days. This pre-dispute notice requirement is a material term of this Agreement. Failure to comply with this requirement constitutes a material breach of this Agreement and results in the immediate and irrevocable waiver of any discretionary remedies described in our Refund Policy, and entitles Art & See to all available remedies.

PAYMENT DISPUTE WAIVER

Filing a payment dispute, chargeback, PayPal claim, or any dispute with a payment processor, card issuer, or financial institution in connection with any order placed with Art & See immediately and irrevocably waives your right to any discretionary remedies otherwise available to you under our Refund Policy, including but not limited to store credit, refinement, exchange, or any resolution beyond the standard terms of the Refund Policy. In the event of any such dispute, Art & See will respond with the full evidence package, including your checkout acceptance record, your preview approval communications, your revision requests, any Return Authorization submissions, and all related correspondence.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

In the event our Website contains links to third party websites (hereinafter referred to as "Linked Websites"), you agree that Art & See does not endorse, sponsor, or control these Linked Websites and is therefore not responsible or liable for any content, advertising, products, or other materials on such Linked Websites. Any concerns you may have regarding any Linked Website, must be directed to that particular Linked Website. You agree to defend, indemnify and hold Art & See, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents harmless from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any Linked Websites.

PASSWORD SECURITY

Many activities on our Website are conducted within the scope of you registering an account name with Art & See and receiving a secure password. Art & See shall retain the ownership of your account and licenses it to you on a limited non-exclusive basis for the duration of your account activation. You hereby agree that you are solely responsible for keeping your account information and password confidential and secure, which may include you taking the following safeguards: restricting access to any computer owned by you or not disclosing the password of your account to anyone, except persons you have authorized to use your account. You hereby agree to accept full responsibility for any liabilities resulting from all activities that occur within any such account registered in your name with our Website, including, but not limited to any liability that may occur with respect to the use of your account by any person you have duly authorized to access and use your account or by any liability that may occur as it relates to your failure to keep your account name and password secure. You agree to notify Art & See promptly upon any unauthorized use of your account.

USER CONDUCT AND INFORMATION SUBMITTED BY YOU

You hereby agree to access and use our Website only for lawful purposes and not to allow others to access and use your account for any unlawful purposes. You agree to use our Website in accordance with the Terms of Use as set forth in this Agreement and to comply with all applicable laws, statutes, regulations and ordinances when using or purchasing products from our Website. All billing and account registration information provided by you must be accurate and completely truthful. Any conduct by you that in the sole discretion of Art & See restricts, interferes, or inhibits any other user from accessing, using or ordering products from our Website will not be permitted. You are strictly prohibited from posting on or submitting any material or information, including, but not limited to, comments, feedback, suggestions, ideas, messages, notes and any other communications or transmissions (hereinafter referred collectively as, "Comments") through our Website that contains any unlawful, libelous, abusive, obscene, vulgar, harmful, hateful, racial, ethnic, harassing, profane, sexually explicit, fraudulent, defamatory, threatening or otherwise objectionable material of any kind, including, but not limited to any material that encourages conduct that would give rise to a criminal or civil liability under any applicable local, state, national or international law.

You agree that you are and shall remain solely responsible for the content of any Comments you submit to Art & See or our Website. In addition, you hereby agree to defend, indemnify and hold harmless Art & See, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, losses, costs, and expenses, including attorneys' fees, arising out of any Comments you submit, post, or transmit to or from our Website.

You agree that any Comments disclosed, submitted or offered by you to Art & See in connection with your use of our Website, shall become and remain the property of Art & See. All such Comments submitted by you will be treated as non-confidential and non-proprietary and Art & See will be entitled to use, edit, reproduce, disclose, modify, adapt, create derivative works from, display, distribute, and publish any Comments you submit to us for any purpose whatsoever, including but not limited to, marketing, developing or manufacturing products that incorporate such Comments, all without restriction or compensation to you. Any Comments submitted by you to Art & See shall constitute an assignment to Art & See of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. You hereby grant Art & See the right to use your name, along with your city and state of residence that you submit in connection with any Comments.

PHOTOGRAPH RELEASE

Any photograph or image that is sent by you to Art & See is subject to the following terms and conditions:

You represent and warrant to Art & See that you are the sole creator, producer, photographer and/or author of this photograph or image and that you have sole copyright ownership of this photograph or image. You further represent that if a photographer was hired by you to take this photograph or image that you have obtained an assignment of copyright from said photographer or have obtained a license which allows you to make reproductions or derivative works based on said photograph or image.

You represent that you have secured written right of privacy releases from all persons depicted in the photograph, image or portrait.

You hereby grant Art & See the right to copy, publish, and use the provided photograph or image for any lawful purpose, including for an original oil painting reproduction.

You further hereby agree to hold Art & See, its successors or assigns harmless from any damage to or loss from photographs or images sent to us or for any action which may accrue from our use of your photograph or image.

AGE OF USERS

You must be at least 18 years old to use our Website. In addition, Art & See does not knowingly market to or knowingly solicit information from any minors under the age of 18. Art & See relies upon parents, guardians and those responsible for supervising minors, to determine if any of the Content or products available on our Website is appropriate to view by minors. Each time you purchase a product from our Website, you certify to Art & See that you are 18 years of age or older.

Art & See hereby notifies you that parental control protections are commercially available, such as computer hardware, software or filtering services that may assist you in limiting access to the Contents of our Website that may be harmful to minors. The following companies are only a few of the many companies offering internet filtering and parental control protections: CyberSitter, CyberPatrol, and NetNanny (hereinafter referred to as "Parental Control Companies"). Art & See has not evaluated any of the services provided by these Parental Control Companies, and does not approve, sponsor, control, or endorse any of these Parental Control Companies or their services. You agree to defend, indemnify and hold harmless Art & See, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, damages, liabilities, demands, losses, costs, and expenses, including attorneys' fees, arising out of or related to the use by you of any such Parental Control Companies.

TERMINATION

This Agreement, which sets forth the Terms of Use for our Website, is effective until terminated by either you or Art & See. You may terminate this Agreement at any time, if you no longer agree to be bound by the provisions of this Agreement, including the Terms of Use of our Website as contained herein and immediately cease to access or use our Website. Art & See, at its sole discretion, may terminate this Agreement at any time, and may do so immediately without prior notice, if Art & See determines that you have violated or failed to comply with any of the Terms of Use for our Website as stated in this Agreement, or your conduct violates any applicable laws. Any termination effected by Art & See upon you, will result in your immediate denial of access and use of our Website. Upon any termination of this Agreement by either you or Art & See, you hereby agree to immediately destroy any materials obtained from our Website, including any copies of any such materials. Furthermore, you agree to defend, indemnify and hold harmless Art & See, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, demands, liabilities, costs, and expenses, including attorneys' fees arising from or related to your termination and subsequent denial to access and use our Website.

DISCLAIMER OF WARRANTY

OUR WEBSITE AND ALL OF THE CONTENTS INCLUDED ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Art & See, AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AND EMPLOYEES, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES:(1) REGARDING THE OPERATION OR FUNCTION OF OUR WEBSITE (2) REGARDING ANY PRODUCTS, SERVICES, CONTENTS OR MATERIALS ON OUR WEBSITE (3) THAT THE USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS (4) THAT THE INFORMATION OR CONTENTS ON OUR WEBSITE ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE (5) THAT OUR WEBSITE, SERVERS OR ANY E-MAILS SENT FROM OUR WEBSITE ARE FREE FROM VIRUSES OR OTHER INJURIOUS ELEMENTS.

TO THE FULL EXTENT PERMITTED BY LAW, Art & See, AND THEIR AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AND EMPLOYEES, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

BY USING OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Art & See, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF GOOD WILL, OR LOSS OF INCOME, ALL ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Art & See, OR ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OF LIABILITY AS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Art & See, ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Art & See, its affiliates and their respective shareholders, officers, directors, employees, contractors, suppliers, or agents from and against any and all claims, demands, liabilities, costs, and expenses, including attorneys' fees arising from or related to: (1) your use of our Website, (2) your violation of this Agreement and the Terms of Use herein, (3) the content of any Comments you have submitted to our Website, (4) your violation of any third party rights, including, but not limited to, privacy rights or intellectual property rights.

JURISDICTION

Art & See is a Delaware limited liability company. The laws of the State of Delaware shall govern this Agreement, without giving effect to any principles of conflicts of laws. You hereby agree that any claims arising from or related to the use of our Website, including any Contents, materials or products contained therein, shall be governed by and construed in accordance with the laws of the State of Delaware and you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Delaware and waive all objections to venue in the State of Delaware. Art & See makes no representation that our Website or its Contents are appropriate or available for use in other territories and access to our Website and its Contents from locations where our Website or its Contents are illegal is prohibited. Those who choose to access and use our Website from other locations, do so on their own initiative and are responsible for compliance with any applicable laws.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Contents derived from our Website to either a foreign national or a foreign destination in violation of such laws.

PRIVACY POLICY

Art & See maintains a Privacy Policy to share with you our information collection practices. By using our Website, you consent to the collection and use of your information, as described in the Art & See Privacy Policy. If you do not agree to the Art & See Privacy Policy, please do not use our Website. To link to the Art & See Privacy Policy, click here: PRIVACY POLICY

GENERAL

This Agreement, which sets forth the Terms of Use for our Website, together with our Refund Policy and Privacy Policy (each incorporated by reference), constitutes the entire Agreement between you and Art & See, with respect to the subject matter herein, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, in whole or in part, then such provision shall be amended only to the extent it can become enforceable, while the remaining provisions of this Agreement shall remain in full force and effect. The failure of Art & See to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You and Art & See agree that any claim or cause of action arising out of or related to our Website or this Agreement, must be filed within one year after the claim or cause of action arose, or such claim or cause of action will be forever barred. The headings used in this Agreement herein, are intended for convenience only and shall in no way affect the interpretation of this Agreement or limit its scope and shall have no legal or contractual effect. You may not assign this Agreement to anyone.

POLICY FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that material has been posted on our Website in a way that infringes on a copyright that you own, please provide the following information to our Copyright Agent:

An electronic or physical signature of the owner of the allegedly infringed copyright or a duly authorized person to act on behalf of the owner; A description of the copyrighted work that you claim has been infringed or in the case of multiple copyrighted works, a list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Art & See to locate the material; Information reasonably sufficient to permit Art & See to contact the complaining party, such as the name, address, telephone number and E-Mail address where the complaining party can be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.