INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in browsing, joining, buying, and all other activities on this website (www.utopiagardenart.com). By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof.

 

100% SATISFACTION GUARANTEE

If for any reason you are not completely satisfied with your purchase, you may return it within 30 days of receipt and receive refund. Package and Shipping charges will not be refunded (which are prorated as it's included in all pricing). Email ac@utopiagardenart.com to obtain the return instructions for your order.

 

COPYRIGHTS

All images on this site belong to Utopiagardenart.com and paintings are from my own pictures/creations, are either licensed, or in the public domain because their copyright has expired. This applies to the United States, Canada, the European Union and those countries with a copyright term of life of the author plus 50 -70 years. Additionally, faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library vs. Corel Corp. However, mistakes do happen. If you find any content on this website that you believe to be under copyright protection, please contact me immediately.

You may not take, use, copy or distribute any image from this website without consent from UGA Art Studio. All images created by UGA Art Studio, either electronic images or hardcopy images, artworks, print, reproductions, products and web design, shown on this website or elsewhere, are ©UGA Art Studio.

·        *No Commercial Use (“for profit or non-profit” use) without explicit written agreement, or signed licensing agreement from UGA Art Studio Ltd. If you are interested in licensing artwork, please contact Ac@utopiagardenart.com

·        *UGA Art Studiowork is not to be reproduced, resold, or distributed in any way contrary to Terms of Use. 

No Commercial Use without Licensing Contract

You may not redistribute, reproduce, make derivative works or otherwise use the images under copyright of UGA Art Studio, outside of the terms of use on this page. Images may not be sold or used in any way, including but not limited to, the selling of products, or in connection with the promotion of any type product, Service, or Sales. Furthermore, no use of any image may infringe upon the rights of existing or potential licensees of UGA Art Studio artworks. You are not permitted to use UGA Art Studio images to manufacture your own products for sale in any form or through any market such as eBay or elsewhere. It is a serious infringement copyright laws to do this. You are not permitted to use UGA Art Studio’s images as part of your online site, store, or auction templates as well as part of your logo. UGA Art Studio artworks may not be used for any business logo, stationary, promotional material or signage.

 

ARTWORK RIGHTS

Artwork purchased from UGA Art Studio means you are the owner of the ordinal piece or art work print/reproduction. This is the right to own the tangible piece. Copyright ownership is separate from ownership of individual items of art, and it does not transfer with a sale of fine art.  UGA Art Studio, as the artist, retains current, and future Copy/Moral rights for all my works of fine, modern, and original art even after the sale of the actual artwork to someone else.

If you commission UGA Art Studio to create a piece of artwork, I will certainly not reproduce, or even post the work on my website without your written agreement.

Copyright gives UGA Art Studio, as the artist, the right to control whether and how copies are made of all artwork.

If the purchaser wants to reproduce the painting he/she now owns, he/she will need UGA Art Studio permission, except for some limited “fair use” purposes. For example, he/she can use a picture of the artwork in order to offer it for sale, or if she lends or sells your work to a gallery, museum, or auction house, those entities can include a picture in their catalogue or other publications related to selling or showing the work.

However, if the purchaser wants to use their art on a business webpage or on the cover of a brochure for his/her business, he/she will be liable for copyright infringement unless he/she got UGA Art Studio permission. Copyright can be assigned, but only in a writing signed by UGA Art Studio which specifically says that UGA is transferring “all copyright.” Copyright lasts for your life plus 70 years.

 

PRODUCT PRICING AND DESCRIPTIONS

 

The List Price displayed for products on our website represents the full retail price listed on the product itself, but includes shipping, packaging, handling, and California Sales tax. If a product offered in our website is not as described, your sole remedy is to return it in unused condition within the allowed and stated limits of the return policy. I’ve never had this happen but just in case we’re both protected.

 

PAYMENT PROCESSING

Like many e-commerce web sites utopiagardenart.com works with Stripe or PayPal which are both 100% secure online payment service provider. You do not need a Stripe or PayPal account to buy from utopiagardenart.com.

Included in every sale is sales tax for California which I am obligated to collect and pay (even for online transactions).

 

CANCELLATIONS & REFUNDS

For website art, UGA will refund 100% of the purchase price for all un-shipped original paintings. After shipment, returns are accepted if returned, postmarked, within 30 days of receipt. Refund is the purchase amount minus the material packing and the shipping costs. For commissions, you are able to cancel your order without incurring any charges within the first 24 hours. If a cancellation request is received after the 24hrs, the refund will depend on the following. (a) If UGA hasn’t started your painting, your order will be 100% refunded to you. (b) If your painting was started, on the first day, I will retain a 10% cancellation fee which would have been collected by advance payment. UGA is not trying to make this unfair but all commissions are custom hand made as per customer’s specification.

 

RETURNS (AFTER RECEIPT)

We are committed to quality products and your satisfaction is 100% guaranteed.

If for any reason you are not completely satisfied with your purchase, you may return it within 30 days of receipt and receive refund. Shipping charges will not be refunded. Customer is also responsible for any and all return shipment costs. Email ac@utopiagardenart.com to obtain the return instructions for your order.

Artwork (and if included frame) must be in original condition for a full refund.

After 30 days from date of delivery, all sales are final. Custom or commissioned art sales are final but I 100% guarantee my work. If you are not happy or something is wrong, please contact me immediately.

 

SHIPPING

For Originals, we ship via FedEx Ground and United States Postal Service (USPS). It's rare, but in some cases use United Parcel Service (UPS). Under normal circumstances, most orders of unframed art ship out within 1-3 business days. However, due to large order volumes, weather conditions or circumstances beyond our control, we will ship your order out as soon as possible. You will receive multiple emails or SMS text messages as to the order process. As soon as your shipment is delivered to FedEx, you will be emailed a tracking number. We carefully handle and hand-package your artwork ourselves at the FedEx facility – with the help of FedEx to ensure each package has the best protection. All artwork is wrapped, then securely packed in a box or crate. All artwork is fully insured for shipping. Damaged Items - We inspect each artwork before it is shipped and pride ourselves on delivering your art to you. We guarantee it to arrive in perfect condition. PLEASE THOROUGHLY INSPECT the package upon receipt before opening. If there is any damage, do not accept the package. If it was just dropped off. Take pictures of the box with any damage before opening. If for any reason, your artwork shows up in other-than-perfect condition, contact us ASAP of receipt and we will work on the shipping insurance claim.

 

CHANGE POLICY

For commissions, making any changes when a painting is in progress is very difficult to deal with. The goal of a commission is to get the output exactly how you want so we will engage in many conversations to ensure the output is perfect. Depending on size and complexity, I may provide a sketch or sample layout just to make sure we’re in full understanding of what you want. Once the down payment is made, and we have agreed on the picture, any further changes will incur a higher price. Please do not ask for changes unless it is critical. Again we will talk and go back and forth as many times as needed in order to get the output you want, but I will clearly let you know where the cut off is for changes.

 

CANVAS SIZES

For commissions, Please indicate size you would like.

·        11×14 | 12×12 | 12×16 | 16×16 | 16×20 | 20×24 | 24×24 | 24×30 | 30×30 | 30×40 | 36×48 are typical size canvas’s

·        Larger sizes are available. Let’s talk if this applies to your project. I have painted a 22’x 4′ piece so nothing is too large.

 

FRAMING

Art Framing means two things. First, canvas has to be stretched onto a solid wood frame with the canvas wrapped around the back and the art work. It can be hung directly as-is, or hanging hardware can be attached. I only paint on already stretched framed canvas. There is a reason for this even though it is more common for art to be sold on canvas cloth only, that is rolled up and shipped in a tube.  There are a lot of costs and risks a buyer does not appreciate until later. Primarily, it is expensive (more than a $100) to get canvas stretched on to a wooden frame. Moreover, unless done by an experienced professional, stretching canvas that is already painted-on has a high risk of damaging the painting if stretched too much. Just know what you’re buying when considering any artist not having an already framed canvas. Remember canvas is a fibrous cloth, treated, and painted on with up to a dozen layers. Stretching this after its been painted can only result in reduced durability and higher risk cracking as oil take up to six months to fully dry.

 

FRAMING 2

The second frame is the typical frame that complements the art work, and also ties it into the space the art will be placed/hung. All art is unframed unless specifically stated. Prints can be ordered with frames through the professional fulfilment company. I can work with you to purchase a frame if you’d like for our original. Contact me if you’re interested in having your artwork framed.