Terms & Conditions

Introduction: These terms and conditions govern your use of the Paintings by Denise website (the "Website"). By accessing or using the Website, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, please refrain from using this Website.

1. Artwork Sales:

a. Ordering: When placing an order for artwork through the Website, you agree to provide accurate and complete information. All orders are subject to acceptance by Paintings by Denise.

b. Pricing and Payment: Prices for artwork displayed on the Website are as stated, in the currency indicated, and are subject to change without notice. Payment for orders must be made in full at the time of purchase using the available payment methods specified on the Website.

c. Shipping: Paintings by Denise will make reasonable efforts to ship the purchased artwork within a reasonable timeframe. Shipping costs and delivery times may vary depending on the destination and shipping method. Any shipping fees and associated taxes or customs duties are the responsibility of the buyer. Paintings by Denise is not liable for any damage caused during shipping. Any claims for damage incurred during shipping should be addressed directly with the shipping carrier (e.g., USPS, UPS, FedEx).

d. No Refunds: All sales of artwork are final. Paintings by Denise does not offer refunds or exchanges, except in cases of defective artwork upon delivery as defined in the "Damaged or Defective Artwork" section below.

2. Intellectual Property:

a. Copyright: All artwork displayed on the Website is the exclusive property of Paintings by Denise, protected under copyright laws. The copyright symbol (©) or other copyright notice accompanying the artwork signifies the ownership and protection of the content. No reproduction, distribution, or unauthorized use of the artwork is permitted without prior written consent from Paintings by Denise.

b. Limited License: Subject to compliance with these terms and conditions, Paintings by Denise grants you a limited, non-exclusive, and non-transferable license to access and view the content for personal, non-commercial purposes.

3. Damaged or Defective Artwork: In the event that you receive defective artwork, please contact Paintings by Denise within 5 business days of delivery. Defective artwork is defined as artwork that has material or workmanship flaws, not including differences in color tones or other minor variations that may not appear in digital images. You must submit photographic and/or video evidence of the defective artwork. Paintings by Denise will assess the situation and, at its sole discretion, determine the appropriate resolution, which may include a replacement or refund.

4. Limitation of Liability: Paintings by Denise shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Website, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses.

5. Arbitration:

a. Any dispute, controversy, or claim arising out of or relating to the use of the Paintings by Denise Website, including but not limited to the purchase of artwork, interpretation of terms, or breach of these terms and conditions, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

b. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the AAA. The arbitration proceedings shall take place in San Mateo County, California, unless otherwise agreed upon by both parties in writing. The language of the arbitration shall be English.

c. The decision or award rendered by the arbitrator shall be final and binding on both parties. The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the arbitration.

6. Governing Law and Jurisdiction: These terms and conditions, including the arbitration clause, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

The information provided on the Paintings by Denise website (the "Website") is for general informational purposes only. The content, including but not limited to the artwork, descriptions, prices, and any other materials, is subject to change without notice.