TERMS & CONDITIONS

Welcome to Karen Sydney Art (the “Website”). By accessing or purchasing from this Website, you agree to be bound by the following Terms and Conditions.  Please read them carefully before placing an order.



  1. Eligibility & Shipping Restrictions
  • Geographic Limits: We only sell and ship physical goods to addresses within the United States and Canada.
  • Order Refusal: We reserve the right to cancel or refuse any order if the shipping address falls outside these designated regions.

 

  1. Original Artwork & Pricing
  • Unique Items: All items sold are original pieces of art. Slight variations in color may occur due to digital screen settings.
  • Environment: All art is created in a smoke-free, pet-free studio.
  • Pricing Updates: All prices are listed in US Dollars (USD) and exclude taxes. We reserve the right to change prices at any time without prior notice.
  • Pricing Errors: In the rare event of a pricing error, we reserve the right to cancel the order and issue a full refund.
  • Sales Tax:50% California sales tax will be collected on all orders shipped to addresses in California.  Residents in other states are responsible for complying with local and state tax laws.
  • Payment Processing: All payments are processed via WooCommerce Payments.  Your credit card details are not stored in our system.

 

  1. Shipping, Handling, & Customs
  • Processing Time: Original artwork requires careful packaging. Orders are typically processed and shipped within 5 business days.
  • Transit Risk: Once the artwork is handed over to the shipping carrier, risk of loss or damage transfers to the buyer. Tracking information will be provided for all shipments.
  • Cross-Border Fees: For shipments to Canada, the buyer is solely responsible for all import duties, taxes, customs clearances, and brokerage fees levied by Canadian authorities.

 

  1. Returns and Damages (Strictly Final)
  • All Sales Final: Due to the fragile and unique nature of original art, all sales are final. We do not accept returns, exchanges, or cancellations once an order has been processed.
  • Damaged Shipments: If your artwork arrives damaged, you must contact art[at]karensydney.com within 48 hours of delivery with photographic proof of both the package and the artwork to initiate a claim.

 

  1. Intellectual Property & Copyright
  • Retention of Rights: The artist retains all reproduction rights and copyrights to the artwork, even after a physical sale.
  • Prohibited Use: The purchase of a physical artwork does not grant the buyer the right to scan, reproduce, copy, or commercially exploit the image in any digital or physical format.
  • Website Media: All text, images, and graphics on this Website are protected by intellectual property laws and may not be downloaded or used without express written permission.

 

  1. Ownership Transfer & Resale
  • Transfer of Ownership: Transfer Agreement and Record of Transfer (TART) required. Buyer will file a current TART with the artist within thirty (30) days of sale or transfer of the artwork.  Contact art[at]karensydney.com for the TART form to be completed and signed by buyer.
  • Resale Royalty: Buyer shall pay the artist a resale royalty 15% of the profits derived from any future sale or transfer of the artwork. The resale royalty shall be paid within 30 days of such sale or transfer.  If the work is lost, stolen, damaged or destroyed, the buyer shall pay the resale royalty on any profits within thirty (30) days of disbursement of funds by the insuring entity.
  • Transfer of Title: Title to buyer’s interest in the artwork shall not transfer until the transferee executes a new contract with the artist, and until any resale royalties due to the artist are paid in full.

 

  1. Governing Law
  • Jurisdiction: These Terms and Conditions and any disputes arising out of your use of this Website or purchases made from it shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

 

  1. Limitation of Liability
  • Maximum Liability: To the fullest extent permitted by law, Karen Sydney Art shall not be liable for any indirect, incidental, or consequential damages arising from the use of this website or the purchase of any artwork. Our maximum liability will not exceed the purchase price of the item.

  1. Privacy Policy
  • Personal Information: Your privacy is respected.  We will never sell, loan, rent, trade or give away any personal information that you offer during your visit to this site.  Personal information provided will only be used for the services requested, such as processing an order and shipping your package.
  • Cookies: Cookies are used on our website to remember your preferences and improve your experience.  Most browsers are pre-set to accept cookies; however you may adjust your browser to disable cookies or warn you when they are being used. 
  • Consent: By supplying your information (name, email, credit card, etc.) to this Website, you have agreed to the Privacy Policy and given consent to have your data used in the limited capacity set out above. Should you have any questions about how your data is used, please email art[at]karensydney.com.
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