Terms & Conditions
This page you will find general terms and conditions. Each invoice will have specific details pertaining to that items needs. Please see below:
Terms and Service
Effective Date: June 28th, 2023
These Terms of Service ("Terms") govern your use of the services provided by & JustCREATE ("Company"), as an artist who offers commissioned paintings ("Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Services.
1. Services
1.1 Commissioned Paintings: Company offers custom artwork services where clients can request and purchase commissioned paintings.
1.2 Artistic Integrity: Company reserves the right to exercise artistic freedom in creating commissioned paintings while considering client preferences as communicated during the consultation process.
1.3 Pricing: The pricing for commissioned paintings will be based on size, complexity, and other factors outlined in the pricing guidelines provided by the Company. Any additional costs (e.g., framing, shipping) will be communicated and agreed upon separately.
1.4 Communication: Clients shall provide clear and timely communication regarding their artistic preferences, reference materials, and any necessary details to ensure the successful completion of the commissioned artwork.
2. Ordering Process
2.1 Consultation: Clients are required to schedule a consultation with the Company to discuss their artistic vision, specifications, and any other relevant details.
2.2 Deposit: Upon agreement on the project, clients may be required to provide a non-refundable deposit as specified by the Company. The deposit secures a spot in the Company's queue and covers initial costs.
2.3 Completion Timeline: Company will provide an estimated timeline for completion, taking into account the complexity and size of the commissioned painting. Any delays will be communicated promptly.
3. Intellectual Property
3.1 Ownership: Company retains all intellectual property rights to the commissioned paintings until full payment is received from the client.
3.2 License: Upon full payment, Company grants the client a non-exclusive, non-transferable license to use the commissioned artwork for personal and non-commercial purposes unless otherwise agreed upon.
3.3 Reproduction and Modification: Clients shall not reproduce, modify, or distribute the commissioned artwork without prior written consent from the Company.
4. Payment and Refunds
4.1 Payment: Clients shall pay the agreed-upon price for the commissioned painting as outlined in the invoice provided by the Company. Payment methods and terms will be communicated during the ordering process.
4.2 Refunds: Due to the custom nature of commissioned artwork, refunds are generally not provided unless there are exceptional circumstances, as determined by the Company in its sole discretion.
5. Confidentiality
5.1 Client Information: Company will handle all client information and project details with confidentiality and will not share them with third parties without explicit consent, except as required by law.
6. Limitation of Liability
6.1 Exclusions: Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the Services, including but not limited to lost profits, data loss, or business interruption.
6.2 Indemnification: Clients agree to indemnify and hold harmless Company and its representatives from any claims, damages, or liabilities arising from the client's use of the commissioned artwork or violation of these Terms.
7. Termination
7.1 Termination by Company: Company reserves the right to terminate or suspend Services to a client at any time, for any reason, including but not limited to violation of these Terms or abusive behavior.
7.2 Termination by Client: Clients may terminate the Services by providing written notice to the Company. Any refunds or outstanding payments will be handled in accordance with Section 4.
8. Governing Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in the State of Oklahoma.
9. Modifications
9.1 Company may modify these Terms at any time by posting the revised version on its website or notifying clients via email. Continued use of the Services after such modifications constitutes acceptance of the updated Terms.
Please read these Terms carefully. By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.
Return Policy
Effective Date: June 28th, 2023
This Return Policy ("Policy") governs the return and refund process for products sold by & JustCREATE ("Company"), an artist who sells Visual arts as well as art supplies. By purchasing products from the Company, you agree to be bound by this Policy. If you do not agree with any part of this Policy, please refrain from purchasing our products.
1. Eligibility
1.1 Unopened and Unused Products: To be eligible for a return and refund, products must be unopened, unused, and in their original condition and packaging.
1.2 Timeframe: Returns must be initiated within 30 days from the date of purchase, as indicated on the original receipt or invoice.
2. Returns and Refunds
2.1 Return Process: To initiate a return, please contact our customer service department via email (andjustcreate@gmail.com) or via Website (contact us landing page). Provide your order details, reason for return, and any relevant information.
2.2 Return Authorization: Upon approval, you will be provided with a return authorization number and instructions on how to proceed with the return.
2.3 Return Shipping: Customers are responsible for the cost of return shipping, unless the return is due to a mistake on the part of the Company (e.g., wrong or damaged product).
2.4 Refund or Exchange: Upon receiving the returned product in its original condition, we will inspect it and process a refund to the original payment method or offer an exchange, as per your preference and availability.
3. Non-Returnable Items
3.1 Opened or Used Products: Opened or used products are not eligible for return or refund, except in cases of product defects covered under warranty.
3.2 Custom Orders: Custom-made products or personalized items cannot be returned or refunded unless they arrive damaged or defective.
3.3 Digital Products: Digital downloads, such as e-books or digital art files, are non-returnable and non-refundable once purchased.
4. Damaged or Defective Products
4.1 Reporting Damages: If you receive a damaged or defective product, please contact our customer service department immediately with details and supporting evidence (e.g., photographs). We will work with you to resolve the issue promptly.
4.2 Replacement or Refund: In cases of damaged or defective products, we may offer a replacement or provide a refund, depending on product availability and your preference.
5. Cancellations
5.1 Order Cancellations: If you wish to cancel an order, please contact our customer service department as soon as possible. We will make every effort to accommodate your request, but cannot guarantee cancellations if the order has already been processed or shipped.
6. Exclusions and Limitations
6.1 Third-Party Products: Products purchased from third-party sellers or distributors are subject to their respective return policies. Please refer to their terms and conditions for return and refund information.
6.2 Shipping Costs: Shipping costs, including those incurred during the initial purchase or return process, are non-refundable unless the return is due to an error on the part of the Company.
6.3 Discretionary Refunds: The Company reserves the right to exercise discretion in granting refunds or exchanges outside the scope of this Policy.
7. Modifications
7.1 The Company may modify this Policy at any time. Any changes will be posted on our website or communicated via email. Continued use of our products after such modifications constitutes acceptance of the updated Policy.
Please review this Policy carefully. By purchasing our products, you acknowledge that you have read, understood, and agreed to be bound by this Return Policy.