Terms and Conditions
These Terms and Conditions ("Agreement") govern the use of the website, products, and services provided by AMARILLYS ATELIER ("Company," "we," "us," or "our"). By accessing, browsing, and using our website or purchasing our products, you ("Customer," "you," or "your") agree to be bound by this Agreement. Please read this document carefully before engaging with our services or making a purchase.
1. Company Information
1.1. AMARILLYS ATELIER is a registered business entity under the laws of Miami-Dade County, Florida, with its principal place of business located in Miami.
1.2. Our primary offerings include the sale of original artwork, prints, sculptures, and other art-related products through online and physical retail channels.
2. Products and Availability
2.1. The Company endeavors to accurately represent all products, including images, descriptions, and prices. However, due to the unique nature of artwork, variations in color, texture, and other physical characteristics may occur.
2.2. All products are subject to availability. The Company reserves the right to discontinue any product at any time without notice.
2.3. Commissions and custom orders are created on a case-by-case basis. Terms, including timelines and pricing, will be communicated upon confirmation of the commission. A non-refundable deposit of 50% is typically required for custom orders.
3. Pricing and Payment Terms
3.1. All prices listed are in USD and inclusive of applicable sales taxes unless stated otherwise. The Company reserves the right to adjust prices at any time without prior notice, except for orders already placed and confirmed.
3.2. Full payment is required at the time of purchase. Accepted payment methods include Visa, MasterCard, PayPal, and other major payment processors. For custom or commissioned works, a 50% non-refundable deposit is required upfront, with the balance due prior to delivery.
3.3. In the event of a pricing error, the Company reserves the right to cancel orders and issue a full refund to the customer.
4. Shipping and Delivery
4.1. The Company offers shipping services both domestically and internationally. Shipping fees, along with estimated delivery times, will be displayed at checkout based on the customer’s shipping address and selected shipping method.
4.2. We endeavor to process and dispatch orders within 3-5 business days after payment confirmation. Delivery times may vary depending on the shipping destination and carrier services. Delays may occur due to external factors beyond our control, including customs clearance.
4.3. Risk of loss and title for purchased products pass to the customer upon delivery to the carrier. The Company is not liable for delays or loss of goods in transit; however, we will make reasonable efforts to assist in tracking any lost shipment.
5. Returns, Refunds, and Exchanges
5.1. Customers may return physical products within 14 days of receipt, provided that they are in original condition, unused, and in the original packaging. Customers are required to present proof of purchase.
5.2. Due to the personalized nature of custom and commissioned artwork, such items are non-returnable and non-refundable unless damaged or defective upon receipt.
5.3. Refunds will be processed using the original payment method. The customer is responsible for return shipping costs unless the return is due to a defect or error by the Company.
6. Intellectual Property and Use of Content
6.1. All intellectual property, including but not limited to trademarks, logos, images, and artwork displayed on the website or sold by the Company, is owned or licensed by AMARILLYS ATELIER or the respective artist. All rights are reserved.
6.2. Customers are prohibited from reproducing, distributing, or using any content from the website or purchased artworks for commercial purposes without prior written consent from the Company or the artist.
7. Limitation of Liability
7.1. The Company’s liability for any claim related to the purchase of products is limited to the purchase price of the product in question. Under no circumstances shall the Company be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, or data arising from the use of our products or services.
7.2. The Company makes no warranties or representations regarding the fitness or suitability of any product for a particular purpose unless explicitly stated in the product description.
8. Warranty Disclaimer
8.1. Except where explicitly stated, all products are provided "as is," without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2. Any warranties provided by individual artists or manufacturers, if applicable, will be indicated in the product description and honored in accordance with their respective terms.
9. Force Majeure
9.1. The Company shall not be held liable for any delay or failure in the performance of its obligations under this Agreement if such delay or failure arises from events beyond its reasonable control, including but not limited to acts of God, war, civil unrest, natural disasters, strikes, or governmental actions.
10. Governing Law and Dispute Resolution
10.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising out of or in connection with this Agreement shall be resolved amicably through negotiation. In the event that a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the venue being Miami-Dade County, Florida.
10.2. Notwithstanding the above, either party retains the right to seek injunctive or equitable relief in courts of competent jurisdiction to prevent irreparable harm arising from a breach of intellectual property rights.
11. Modifications to Terms and Conditions
11.1. The Company reserves the right to amend or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website. Customers are encouraged to review the Terms and Conditions regularly.
12. Severability
12.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
13. Contact Information
For inquiries regarding these Terms and Conditions, or to initiate returns or refunds, please contact us using the details below:
Email: amarillysatelierllc@gmail.com
Phone: (786) 812-1488
14. Ownership of Purchased Artwork and Consent to Use on the Website
14.1. By purchasing artwork or products from the Company, the buyer acknowledges and affirms that they are the legitimate and rightful owner of the purchased items, including but not limited to any associated certificates, digital representations, or other forms of art ownership.
14.2. The buyer grants the Company a non-exclusive, royalty-free, perpetual, and worldwide license to feature images, descriptions, and representations of the purchased artwork on the Company’s website, marketing materials, and social media channels. This includes but is not limited to the display of artwork for promotional purposes, portfolio showcases, and customer testimonials.
14.3. The buyer further agrees that they are solely responsible for the use of their payment information, including credit or debit card details, and confirms that they have full authorization to complete the transaction. The Company is not liable for any unauthorized use of payment details.
14.4. By completing a purchase, the buyer consents to the use of the artwork in accordance with this clause and waives any claims to further compensation or royalties related to such use.
