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Terms of Agreement

Last Updated: September 13th, 2024

1. Introduction
Welcome to The Tiny Masterpiece. By purchasing artwork from The Tiny Masterpiece, you (the “Client”) agree to the following terms and conditions. These terms are designed to protect both the Artist and the Client, ensuring a smooth and professional transaction.
 

2. Definitions
Client: The individual or entity purchasing the artwork.
Artist: Holly Hunter, the creator and seller of the artwork.
Artwork: Any original piece of art or merchandise created and sold by the Artist.

3. Services and Pricing
The Tiny Masterpiece offers original artwork and limited edition merchandise for sale, which may include physical or digital pieces. All prices are listed in USD (United States Dollars) for purchases within the United States. A currency converter is available on the website to assist international clients in viewing prices in their local currency. Please note that while prices may be displayed in local currency, the final purchase will be processed in USD. Clients are responsible for any currency conversion fees, and final charges may vary based on the exchange rate at the time of purchase.
 

The Artist reserves the right to change prices without prior notice for unsold artwork or merchandise. Pricing includes the cost of the artwork or merchandise but excludes shipping, taxes, and other applicable fees. For international purchases, additional shipping fees, customs duties, and taxes may apply. These fees are the responsibility of the Client and will be calculated based on the shipping destination.
 

4. Payment Terms
Payment is due in full at the time of purchase. The following payment methods are accepted: PayPal and major credit or debit cards (Visa, MasterCard, American Express, and Discover) through secure, encrypted payment gateways. All sales are final once payment is completed, and no cancellations or refunds will be issued after the purchase is confirmed.
 

5. Delivery and Shipping
For physical artwork and limited edition merchandise, shipping costs are the responsibility of the Client unless otherwise specified. The Artist will provide shipping options, estimated delivery times, and tracking information where available. The Artist is not responsible for delays in shipping caused by the courier service, customs, or other international shipping delays.
 

For international sales, additional customs duties, taxes, and shipping fees may apply. These fees are the responsibility of the Client and will be calculated based on the shipping destination. Delivery times for international shipments may vary depending on the country of destination and any customs processing.
 

6. Condition of Artwork and Ownership
All artwork and limited edition merchandise are sold in their “as is” condition. The Artist will take reasonable care to accurately represent the condition and color of the artwork and merchandise in any promotional images, except for mystery pieces, which will not have prior visual representation. By purchasing a mystery piece, the Client acknowledges that the artwork is a surprise and agrees to accept the artwork as delivered.
 

Once the artwork or merchandise is delivered, ownership transfers to the Client. The Artist is not liable for any damage to the artwork or merchandise after delivery.
 

7. Copyright and Usage Rights
The Artist retains all copyright to the sold artwork, including the rights to reproduce, distribute, and display the artwork for marketing and promotional purposes. Copyright protection for all original artwork is automatically granted to the Artist upon creation, and no formal registration is required to enforce these rights. The Client’s purchase grants ownership of the physical artwork (if applicable) but does not transfer any intellectual property rights unless explicitly agreed in writing.
 

Clients are prohibited from reproducing, distributing, or using the artwork for commercial purposes without the Artist’s prior written consent. For high-value pieces or specific concerns, the Artist may choose to formally register copyright, which provides additional legal protections.
 

8. Refunds and Returns
All sales are final, and refunds or exchanges are not permitted unless the artwork or merchandise arrives damaged or defective. If the Client receives damaged items, they must notify the Artist within 3 days of receiving the package by sending an email to support@thetinymasterpiece.com with photographic evidence of the damage. In such cases, the Artist will offer either a replacement (if available) or a refund.
 

Refunds will cover the cost of the artwork but will not include the original shipping fees. Return shipping costs (if applicable) are the responsibility of the Client unless the Artist agrees otherwise due to extenuating circumstances.
 

9. Limitation of Liability
The Artist is not responsible for any indirect, special, incidental, or consequential damages that may arise from the sale, delivery, or use of the artwork. This includes, but is not limited to, financial losses such as lost profits, missed business opportunities, or any other related damages. In simple terms, the Artist’s responsibility is limited to the cost of the artwork itself. If there is an issue, the most the Client can claim is a refund of the amount paid for the artwork. The Artist’s total liability will never exceed the price paid for the artwork.
 

10. Dispute Resolution
In the event of a dispute, both the Artist and the Client agree to first attempt to resolve the matter through good-faith negotiations. If no resolution can be reached through these discussions, the dispute will be resolved through binding arbitration. Arbitration will be conducted by a neutral third party selected from a list provided by a recognized arbitration service, such as the American Arbitration Association (AAA) or JAMS. The costs of arbitration will be split equally between both parties unless otherwise agreed. This arbitration will take place under the laws of the State of Utah.
 

11. Agreement Acceptance
By purchasing artwork from The Tiny Masterpiece, the Client agrees to all terms outlined in this agreement. These terms are subject to change at the discretion of the Artist, and any updates will be posted on the Artist’s website.

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