Terms and Conditions
Terms and Conditions for Art by Latinsilver’s Platform
1. Acceptance of Terms
By accessing or using Art by Latinsilver’s platform, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms, please do not use this platform.
2. Products and Services
a. Artwork Description: Art by Latinsilver will provide accurate descriptions and images of artworks. However, slight variations may occur due to differences in computer monitors, and I do not guarantee exact representation.
b. Availability: All original art posted will indicate its availability and listed price in the gallery. For all inquiries please contact me HERE and I will reply within 48 hours. Any products listed in the store is inventoried accordingly and should an item become out of stock please contact me if you are seriously interested in the item and I will try my best to get that item restocked or reproduced.
c. Pricing: All prices are in US dollars and exclusive of applicable taxes. Art by Latinsilver reserves the right to change prices at any time without prior notice.
d. Taxes: Taxes will be calculated at check out and added to your order based on the current tax rate of my operating State of Governing Law which is the State of New Jersey.
3. Orders and Payment
a. Placing an Order: When placing an order you (i) agree that you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
b. Order Confirmation: After placing an order, you will receive an email confirming receipt of your order. This email does not constitute acceptance of your order; it is a confirmation that I have received it.
c. Payment: Payments are processed securely through PayPal services. I do not store your payment information.
d. Cancellation: Orders may be canceled within 24 hours of placement. Once the artwork is shipped, cancellations are not possible.
e. Coupons: All coupons will be honored until their stated expiration date and each coupon can only be used once per person and cannot be combined with any other coupons or offers and cannot be applied to subscriptions.
4. Print On Demand
a. Threadless: Other products such as framed prints, apparel, home goods, accessories and more are available for direct ship through my Threadless shop or you may order the products I have posted on my site that I will place for you using my Threadless Artist Shop. You can find a link to the shop using the store tab at the top of the website. Threadless is a third-party site where my products have been uploaded for drop-shipping of various products on their site.
5. Processing and Shipping
a. Processing Time: Processing times may vary depending on the products ordered and when you placed your order. I aim to process orders within one week of receiving cleared payments but may take longer. If for any reason your order should take longer you will be notified by email.
Products that are custom printed through my Threadless Artist Shop the processing time (or the time it takes for an order to print) applies to any product that needs to be ordered from them. These products will be indicated in the product description. Their processing time is typically 2 - 5 business days, but can take up to 10 business days or more depending on demand and print capacity. This time is in addition to my order processing time.
b. Shipping: I do all packaging in-house to ensure proper handling and prompt shipping of products I have on hand. All products ships domestically in the USA only and may be shipped separately depending on the items ordered. Shipping for all products listed in the store ships free of charge. All original art that is available generates an additional shipping fee and varies based on size of the work and shipping location. If you would like a product shipped internationally please contact me.
Once your package has been shipped with tracking I am no longer responsible for it. I am not responsible for any product sent if you have entered an incorrect or invalid address in your order and if this item returns to me by the carrier you will be responsible for the costs to reship. For all inquiries on original art please contact me.
Items that are custom printed from my Threadless Artist Shop may be shipped from different locations, some items may be separated into multiple shipments. Due to the different processing times and shipping locations, they are unable to combine shipments.
6. Returns and Refunds
a. Returns and Refunds: Art by Latinsilver does not accept returns nor provide any exchanges or refunds. All sales are final. If you have received an incorrect product or the product is damaged please contact me so I can work out a reasonable solution for you as long as you can provide evidence of the damages within seven (7) days of receiving the product . If I can work out an alternative solution it may result in my request for you to return the original product. If this is the case you will be responsible for the return shipping costs. Please contact me with any questions and provide any necessary photographic and/or video evidence.
7. Right to Refuse Service
a. My Commitment: I committed to providing an exceptional experience for my clients while maintaining the integrity of my artistic vision. However, there may be circumstances where I reserve the right to refuse service. While I reserve the right to refuse service under specific circumstances, I value my clients and aim to provide clear communication and support throughout the process. My ultimate goal is to maintain a positive and respectful relationship with my community.
b. Artistic Misalignment: If a request or order is not in alignment with the artistic style, values, or themes of Art by Latinsilver, I may choose to decline the service.
c. Unavailability: If I am are currently unable to take on additional commissions or fulfill specific requests due to a high volume of orders or other logistical constraints, I may decline service.
d. Prompt Notification: If I decide to refuse service, I will notify the client promptly. This communication may include a brief explanation of the reason for the refusal.
e. Alternative Suggestions: Whenever possible, I may provide alternative suggestions or referrals that better suit the client’s needs.
f. Customer Appeals: If a client disagrees with my decision or believes there has been a misunderstanding, they are encouraged to reach out to me directly by email. I will review the situation and consider any additional information provided by the client.
g. Refused service refunds: If, for any reason, I have chosen to refuse service to a client and they have submitted a payment I will refund any and all funds that have been received and cleared for the refused service. If a refund is due it will be detailed in the notification sent to the client at the time of refusal.
Note: This policy is intended to provide general guidance and does not constitute a guarantee of service.
8. Community Membership
a. Opt-in: Any user can sign up to join the community membership by creating an account. Any and all orders will automatically add you to the community. All users that join the community will have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts, comments or reviews) will be visible to other visitors of the website. By joining the community all users agree to also receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us or opt-out at any time.
b. Opt-out: Any user of the website can always opt-out and exit the community by deselecting the option at checkout or choosing to opt-out through the member’s profile, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
c. Right to suspect or cancel a user’s account: I may permanently or temporarily terminate or suspend your access to the community without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms and Conditions or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.
9. Intellectual Property
a. Copyright: All artwork is sole property of Art by Latinsilver, also known as Kimberly Diaz, and is protected by copyright even after purchase. The images, artwork, and contents of this website may not be copied, collected, reproduced, or used for any purpose without written permission from Art by Latinsilver. All images of artwork, sold or otherwise, are retained by Art by Latinsilver.
10. Privacy Policy
a. Information Collection: Art by Latinsilver collects and uses personal information in accordance with our Privacy Policy. All information entered by a customer/member, except payment information, will be stored when he/she chooses to opt-in for purposes noted in my opt-in section above.
11. Governing Law
These terms and conditions are governed by the laws of the State of New Jersey. Any disputes arising from or relating to these terms shall be resolved in the courts of the State of New Jersey.
12. Changes to Terms
Art by Latinsilver reserves the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting on the platform.
Thank you for choosing Art by Latinsilver. I appreciate your understanding and cooperation.