Terms and Conditions

  1. Introduction
    1. These Terms and Conditions govern the sale of artwork on the merryclaude.com website. By purchasing an Artwork from the Website, you agree to be bound by these Terms and Conditions.
  2. Sale of Artwork
    1. The buyer agrees to purchase the Artwork described in the order confirmation.
    2. The artist retains all rights to the Artwork unless otherwise specified in writing.
  3. Purchase
    1. In order for your purchase to be processed, all purchases must:
    2. Be paid in full.
    3. Payment Methods: The Website accepts various payment methods, which include credit/debit cards, PayPal, and other payment gateways as specified at checkout.
    4. Authorization: By submitting your payment information, you authorize us to charge the applicable payment method.
    5. Failed Transactions: In the event of a failed transaction or declined payment, the buyer will be notified, and the artist may suspend delivery until payment issues are resolved.
    6. Currency: All prices are listed and payments must be made in Canadian Dollars (CAD).
    7. Taxes: Prices listed may not include applicable taxes, which will be calculated and added at checkout. The buyer is responsible for any applicable taxes.
    8. Invoices: Invoices will be issued electronically and sent to the email address provided by the buyer during the purchase process.
  4. Delivery
    1. Upon receipt of payment, the artist will prepare the artwork for the client and ship it under the shipping policies.
    2. The buyer acknowledges that access to digital Artwork may be subject to technical limitations or delays beyond the artist’s control.
  5. Customs Policies
    1. Customs Duties and Taxes: The buyer is responsible for any customs duties, taxes, or other fees that may apply upon importation of the Artwork into the buyer’s country.
    2. Compliance: The buyer must comply with all laws and regulations of the destination country. The artist is not responsible for any delays or issues caused by customs.
    3. Documentation: The artist will provide necessary documentation for customs clearance. The buyer may be required to provide additional information or documentation.
  6. Intellectual Property
    1. Any Artwork: Buyer is granted a non-exclusive, non-transferable license to use the artwork for personal, non-commercial purposes only. The artist retains all intellectual property rights to the Artwork, including but not limited to copyright and reproduction rights. Exception can be applied in a speparated contract.
    2. Transferable License: If the artwork comes with a Certificate of Authenticity or is an NFT, then the artwork is transferable. The transferable license is only valid if the Certificate of Authenticity is transferred with the artwork.
  7. Warranty
    1. The artwork is sold as is.
  8. Limitation of Liability
    1. The artist shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the purchase or use of the Artwork.
    2. The total liability of the artist shall not exceed the purchase price paid by the buyer.
  9. Governing Law and Jurisdiction
    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada.
    2. Any disputes arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Canada.
  10. Amendments
    1. By purchasing Artwork from merryclaude.com, you acknowledge that you have read, understood, and agree to these policies.
    2. The artist reserves the right to amend these policies at any time without prior notice.
    3. Any amendments shall be effective immediately upon posting.
  11. Contact Information
    1. If you have any questions or concerns about these policies, please contact me at info@merryclaude.com or visit at merryclaude.com.

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