TERMS AND CONDITIONS:

Refund and Return Policy:

Astonishing Arts is committed your customer satisfaction. We strive to ensure that every commission and product we produce will be of the highest quality and delivered on schedule.


Satisfaction Guaranteed:

Standard Artwork (artwork created on a pre-made background): Clients have 14 days to return undamaged artwork at their expense to Astonishing Arts for a full refund of the original purchase price for standard artwork.*

Custom Artwork (completely original artwork created with client consultation): If a client would like to return custom artwork, her or she must provide refund request notification within 14 days of initial artwork delivery of the email preview or physical product delivery. A full refund of purchasing price in the form of store credit is provided for custom artwork.

IMPORTANT NOTICE: Validation of the refund/return policy occurs only if the client contacts Astonishing Arts PRIOR TO returning any artwork. Upon notification and a request for a refund or return, Astonishing Arts will issue a refund or replacement to the client.

*Any refund due shall be credited to the client's account (e.g. credit card) using PayPal®'s transaction fulfillment process.

Return Due To Loss or Damage In the Mail: If your Giclee artwork order is lost or damaged during shipping, Astonishing Arts will replace it free of charge. In the case of damaged canvas or poster artwork, Astonishing Arts may request that you return your artwork to us at your expense. Once we receive your returned art, we will process the creation of a new work and ship it to you at no charge. However, additional shipping charges may apply in some cases.

Copyright of Derivative Artwork

Astonishing Arts abides by the laws of the United States (Title 17, U.S. Code) which grant copyright to the creators of “original works of authorship.” Astonishing Arts will not create artwork of Commercial, Copyrighted, or Trademarked characters, artwork or photographs without express written permission from the copyright owners of such work. Professional images that are commissioned by photographers or obtained through web sites, magazines, books, or other copyrighted resources should not be submitted, shared, or copied without the express written consent of the copyright owners.

Astonishing Arts clients are solely responsible for ensuring that photographs they submit for completion of commissioned art are legally-owned or licensed by said clients. By providing such legal copyrighted images, clients are granting Astonishing Arts the right to display, modify, and/or reproduce each photographic image that is submitted as it relates to the creation of photo-based derivative artwork. Such submission also grants Astonishing Arts the right to freely use such derivative works in the marketing of Astonishing Arts materials, including but not limited to, web pages, electronic and print brochures, advertisements and other business-related collateral.

Astonishing Arts retains the exclusive, worldwide, and perpetual rights to any derivative artwork that it creates for clients. Astonishing Arts has the right to display such works to the public. In the case of derivative artwork which clearly identify a person or persons textually, Astonishing Arts will protect client privacy by removing such identification(s) before exercising its right to display such works.

Astonishing Arts will never sell or rent your personal information or knowingly expose such information to the public.

Any display, duplication, or modification of any work created by Astonishing Arts for commercial purposes or financial gain is a violation of copyright and strictly forbidden without the express written consent of Astonishing Arts.

Copyright of Original Client Photo or Image

Astonishing Arts does not claim copyright for the original, unaltered photograph or image submitted by a client to Astonishing Arts for the commission of derivative artwork. Such copyright belongs to the creator, owner or legal licensee of such photograph or image. Any digital image submitted electronically to Astonishing Arts or any printed photo, slide, or film negative mailed to Astonishing Arts as part of the commission process belongs to the client. Physical photographs, slides or negatives shall be returned to the client unaltered with the mail delivery of the final artwork.

The copyright owners submission of an original copyrighted photo or image, electronically or physically, grants Astonishing Arts the right to display such copyrighted photos or images as components of its print, electronic and web-based sales or marketing presentations.

Liability Regarding Submitted Materials: The submission of any photographs, slides, digital images or other materials to Astonishing Arts is done at the clients discretion and risk. Astonishing Arts will not be held liable for any loss or damage to such submissions or any other material, content, or data resulting from a use of Astonishing Arts processes or provision of products or services.

The client is solely responsible for creating copies of any provided materials and back-ups of your digital content. It is strongly advised that clients submit photographs and/or images to Astonishing Arts digitally whenever possible. When submitting physical photographs by mail, clients should submit only high quality, physical color copies of original photographs. Astonishing Arts shall not be held liable in any way for the replacement of or compensation for physical materials lost or damaged in the mail; either during the delivery of photographs or images to Astonishing Arts or in the return of such photographs or images by Astonishing Arts in facilitating the delivery of finished artwork or products to clients.

Payment Policies

Astonishing Arts executes the purchase of its products and services exclusively through PayPal's online payment via credit card or personal PayPal account. All payments sent electronically through PayPal shall be securely transmitted using PayPal's proprietary technology which features VeriSign-backed security.

Astonishing Arts does not have access to view bank account or credit card numbers, or any other information a client may provide to PayPal to complete a purchase.

• All standard artwork purchases are to be Paid In Full at the time of the request for a specific product or service. No request will be considered or executed without payment.
  
• Commissioned artwork requires a 50% deposit before work begins at the time of request. The final 50% of the payment for custom pieces is due at completion of the project and satisfaction of the commissioner.

Standard artwork pricing reflects shipping costs where clearly indicated but may vary dependent upon a client's order as it relates to commissioned work.

Special offers, discounts, custom artwork, or use of vouchers may carry additional terms and conditions.

Astonishing Arts reserves the right to change services, products, prices, and terms at any time without notice. Such changes will not be retroactive for work or service in progress. All pending orders will not be affected by any price change as it relates to artwork commissioned.

Product and Services Delivery

Standard artwork and custom commissions are worked on in the order their payments are received. Astonishing Arts will begin processing orders immediately upon verification that full payment has been received.

Standard artwork production takes 2 to 4 weeks from start to delivery. The start to delivery times of custom artwork commissions are variable.

Shipping times may vary dependent upon the method selected by the client and/or the client's shipping address.

Right of Refusal

Astonishing Arts reserves the sole discretion to reject or cancel any order with or without cause at any time. Astonishing Arts may refuse to create any work that it considers illegal, libelous, defamatory, obscene, profane, portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, or containing explicit sexual content.

Work Cancellation Policy

Astonishing Arts may choose to cancel orders if it becomes unavoidable that commissioned artwork cannot be completed to the client's satisfaction, or if the work requires an unreasonable and disproportionate amount of effort, time, or expense to complete. Any order refused this way by Astonishing Arts will receive a refund; either a percentage of the purchase price for standard or custom work rejected by the client or a 100% refund of the purchase price if the termination of service is instigated by Astonishing Arts.

Conduct Policy

Astonishing Arts reserves the right to report for prosecution any user or individual that submits content that harms minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct; Uploads, posts, emails, or otherwise transmits any material that contains software viruses or any other computer code, files, or programs designed to monitor, interrupt, destroy, or limit the functionality of any computer software; Interferes with or disrupts (or attempts to interfere with or disrupt) Astonishing Arts web site(s) or servers or networks connected to Astonishing Arts, or disobeys any requirements, procedures, policies or regulations of networks connected to Astonishing Arts; Forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted to or created by Astonishing Arts; Provides any information to Astonishing Arts that is false or misleading, that attempts to identity concealment, or that is unlawful for disclosure.

Communications Correspondence Usage

With the exception of personal information, communications or materials transmitted to Astonishing Arts by electronic mail or otherwise, including any data, questions, comments, suggestions, etc. is treated as, non-confidential and non-proprietary. Such communications, correspondence or materials may be used by Astonishing Arts for reproduction, disclosure, transmission, publication, and posting for sales and marketing purposes.

General Disclaimer

Astonishing Arts provides its products and services as is and makes no express or implied warranty or claim regarding the performance or suitability of such products and services for any purpose whatsoever. By entering into a transactional relationship with Astonishing Arts, the client agrees to perpetually indemnify Astonishing Arts against all direct, indirect, incidental, special exemplary, punitive, or consequential loss or damage, including reasonable attorneys' fees, as a result of the supply (or non-supply) of our services (or partners' services). Astonishing Arts' clients agree that, in all circumstances, the maximum extent of Astonishing Arts liability shall be to provide clients with a refund as laid out in the Customer Satisfaction: Refund and Return Policy and Work Cancellation Policy respectively.

All legal issues arising from or related to the use of Astonishing Arts products and services shall be construed in accordance with the laws of the State of Florida without regard to conflicts of law principles. These Terms and Conditions constitute the entire agreement between Astonishing Arts and its clients with respect to the use of Astonishing Arts products and services. Astonishing Arts' failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, the client agree that the remainder of the Terms and Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. Astonishing Arts reserves the right to amend these Terms and Conditions from time to time. Any use of the Astonishing Arts products and services is to be deemed acceptance of the Terms and Conditions.