1. Introduction

Welcome to FiberPhoto! These Terms & Conditions (“Terms”) govern your use of the FiberPhoto website (the “Website”) and your purchase of artwork from Denise, the artist behind FiberPhoto (the “Artist”).

2. Acceptance of Terms

By accessing or using the Website, or by purchasing artwork from the Artist, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not use the Website or purchase any artwork.

3. Artwork Information

The Artist offers a variety of handmade artwork, including photography, tapestries, quilts, rugs, patchwork designs, apparel, and accessories (collectively, the “Artwork”). Each Artwork is unique and may vary slightly from the images displayed on the Website. The Artist provides descriptions and images of the Artwork to the best of her ability, but these are for informational purposes only and may not perfectly reflect the final product.

4. Pricing and Payment

Prices: Prices for the Artwork are listed in US Dollars (USD) on the Website.

Taxes: You are responsible for any applicable taxes, including any state and local sales taxes. These will be calculated and displayed at checkout based on your shipping address. In accordance with the Streamlined Sales and Use Tax Agreement (SSUTA), some states may require Artist to collect and remit sales tax for certain orders.

Payment Methods: The Artist accepts payment through secure online payment methods as listed on the Website. These may include credit cards, debit cards, and digital wallets. The Artist uses a PCI-compliant payment processor to ensure the security of your financial information.

5. Orders and Confirmation

Once you place an order for Artwork, you will receive an email confirmation with details of your purchase, including a description of the Artwork, the price, shipping costs, and estimated delivery time. Please review the confirmation carefully and contact the Artist immediately if there are any errors.

6. Shipping

Shipping Costs: Shipping costs are calculated based on the size, weight, and destination of the Artwork. You will see the estimated shipping cost during checkout before confirming your order. The Artist offers a variety of shipping options, including expedited shipping for an additional fee.

Delivery Times: Estimated delivery times are provided on the Website and during checkout. These are estimates only, and actual delivery times may vary depending on the shipping method you choose and your location. International shipments may be subject to customs clearance procedures, which can further delay delivery. The Artist is not responsible for delays caused by customs clearance.

Shipping Location: The Artist ships Artwork worldwide. However, there may be limitations based on specific destinations. For example, some countries may have restrictions on the import of certain types of artwork. The Artist will inform you if she is unable to ship to your location.

Risk of Loss: The risk of loss and title for the Artwork passes to you upon shipment from the Artist. This means that you are responsible for any loss or damage to the Artwork after it is shipped.

7. Returns and Refunds

Return Policy: The Artist accepts returns of undamaged Artwork within 14 days of receipt. You are responsible for all return shipping costs. To initiate a return, please contact the Artist with your order number and reason for return. The Artist will provide you with instructions on how to return the Artwork.

Refund Process: Once the returned Artwork is received and inspected, the Artist will issue a full refund for the purchase price (excluding any original shipping costs) to the original payment method within 10 business days. The Artist reserves the right to withhold a restocking fee for returned items that are not in their original condition.

Non-Returnable Items: Custom-made Artwork or Artwork sold “as-is” is not returnable. Custom-made Artwork is created specifically for you and cannot be resold. Artwork sold “as-is” is sold with any imperfections disclosed in the product description.

8. Warranties and Disclaimers

The Artwork is provided “as is” and without warranties of any kind, express or implied. The Artist disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. This means that the Artist does not guarantee that the Artwork will meet your specific needs or expectations. You buy the Artwork at your own risk.

9. Limitation of Liability

The Artist will not be liable for any damages arising out of or related to your use of the Website or your purchase of Artwork, including without limitation, direct, indirect, incidental, consequential, or punitive damages. This includes damages for personal injury, property damage, lost profits, or business interruption.

10. Copyright and Intellectual Property

All content on the Website, including the Artwork, is protected by copyright and other intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works of the Artwork without the express written permission of the Artist. This applies to all forms of reproduction, including digital and physical copies.

11. Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of California, United States of America.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Artist with respect to your use of the Website and your purchase of Artwork.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14. Changes to Terms

The Artist reserves the right to modify these Terms at any time.  We will update the “Last Updated” date at the top of these Terms when changes are made. You are responsible for checking these Terms periodically for any changes. Your continued use of the Website or your purchase of Artwork following the posting of changes to these Terms constitutes your acceptance of those changes.

15. Contact Us

If you have any questions about these Terms, please contact the Artist at abc@abc.com

Additional Considerations for US Law

  • Consumer Protection Laws: The Artist should comply with all applicable US consumer protection laws, such as the Magnuson-Moss Warranty Act and the Federal Trade Commission Act. These laws protect consumers from unfair or deceptive business practices.
  • Digital Millennium Copyright Act (DMCA): The Artist should have a DMCA takedown policy in place to address any claims of copyright infringement on the Website or in the Artwork.
  • Payment Card Industry Data Security Standard (PCI DSS): As mentioned earlier, the Artist should ensure they use a PCI-compliant payment processor to protect customer financial information.