Terms and Conditions

Terms and Conditions for Artwork Sale
  1. Introduction
    1. These Terms and Conditions govern the sale of artwork by artists on the merryclaude.com website. By purchasing any Artwork from the Website, you agree to be bound by these Terms and Conditions.
  2. Sale of Artwork
    1. The artist agrees to sell and 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. Payment
    1. The buyer shall pay the total purchase price as indicated in the order confirmation.
    2. Payment shall be made through the designated payment method provided on the Website.
    3. The artist reserves the right to withhold delivery until payment is received in full.
  4. Billing Terms and Conditions
    1. Billing Information: The buyer must provide accurate and complete billing information at the time of purchase.
    2. Billing Cycle: The payment will be processed immediately upon order confirmation. Recurring payments, if any, will be processed as per the specified billing cycle.
    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 at our convenience, but within thirty (30) days of the due date.
    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 the currency specified on the Website, 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.
  5. Delivery
    1. Upon receipt of payment, the artist will provide the buyer with access to the Artwork.
    2. The buyer acknowledges that access to digital Artwork may be subject to technical limitations or delays beyond the artist’s control.
  6. 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, but the buyer may be required to provide additional information or documentation.
  7. Intellectual Property
    1. 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. For Digital Downloadable: The buyer is granted a non-exclusive, non-transferable license to use the Artwork for personal, non-commercial purposes only.
    3. For NFTs: The buyer is granted a non-exclusive, *Transferable license to use the Artwork for personal, non-commercial purposes only.
    4. For Physicals: The buyer is granted a non-exclusive, *Transferable license to use the Artwork for personal, non-commercial purposes only.
    5. *Transferable license is valid only if the Autenthicity Certificated is tranfert with the artwork.
  8. Copyright and Licensing
    1. The buyer agrees not to reproduce, distribute, or modify the Artwork without the express written permission of the artist.
    2. The artist may offer additional licensing options for commercial use upon request.
  9. Disclaimer of Warranties
    1. The Artwork is provided “as is” without any warranties, express or implied.
    2. The artist makes no representations or guarantees regarding the quality, accuracy, or suitability of the Artwork for any particular purpose.
  10. 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.
  11. 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.
  12. Amendments
    1. The artist reserves the right to amend these Terms and Conditions at any time without prior notice.
    2. Any amendments shall be effective immediately upon posting on the Website.
  13. Contact Information
    1. If you have any questions or concerns about these Terms and Conditions, please contact us at info@merryclaude.com or visit at https://merryclaude.com.

By purchasing Artwork from merryclaude.com, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

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