Terms of Sale & Public Offer Agreement

Effective from: 01.01.2023

This Public Offer Agreement (“Agreement”) constitutes a legally binding offer from the artist, Alina Shimova, to any individual (“Customer,” “Buyer,” or “you”) wishing to purchase original artwork from the website www.shimovaart.com (“Website”). By placing an order, you agree to all terms and conditions outlined below.

1. Parties and Definitions

Artist / Seller: Alina Shimova, the original creator and sole owner of the artworks available on the Website.
Customer / Buyer: Any individual of legal age who places an order on the Website for personal, non-commercial use.
Artwork: Original work of visual art created and offered for sale by the Artist.
Order: A Customer’s confirmed request for an Artwork through the Website, constituting full acceptance of this Agreement.
Shipping Company: A third-party logistics provider appointed by the Artist to fulfill delivery.

2. General Provisions

2.1. This document is a public offer in accordance with general principles of contract law and serves as an offer to conclude a distance sales agreement.
2.2. By clicking “Place Order” or completing payment, you acknowledge that you have read, understood, and fully accepted this Agreement.
2.3. The Artist reserves the right to amend the terms of this Agreement at any time. The revised version becomes effective upon publication on the Website.
2.4. All visual materials and text on the Website are protected by copyright and are the exclusive intellectual property of the Artist unless otherwise stated.

3. Artwork and Pricing

3.1. All prices are listed in USD and do not include shipping unless otherwise specified.
3.2. The Artist reserves the right to change pricing or availability of any Artwork before the Order is confirmed.
3.3. The images of Artworks are for illustrative purposes. Minor differences in color, texture, or appearance may occur due to screen display or artistic technique.

4. Order Process

4.1. Orders are placed via the Website by selecting an Artwork and completing the checkout process.
4.2. Once the Order is placed, the Artist will contact the Customer within 3 business days to confirm details and initiate shipping arrangements.
4.3. After the Order is confirmed, the Artist begins preparation and coordination of delivery with the most suitable shipping company, chosen based on your location, timeline, and logistics.
4.4. Delivery fees and timeframes are discussed and agreed upon directly with the Customer after the Order is placed.
4.5. A 30% non-refundable deposit is required to secure any order. This deposit is a standard practice in the art industry and protects the Artist by compensating for the removal of the Artwork from sale and any preliminary costs. If the order is canceled by the Customer for any reason after the deposit has been made, this amount will not be refunded.

5. Shipping & Delivery

5.1. Delivery is organized by a third-party shipping company. Delivery time and cost may vary depending on destination and urgency.
5.2. Delivery is considered a separate service and is not included in the Artwork price. It is arranged and paid for separately unless otherwise agreed.
5.3. The Artist offers Free US Shipping on full-price artworks. If a work is purchased with a discount or promotional offer, shipping is not included and will be discussed and arranged separately with the Customer.
5.4. The risk of loss or damage transfers to the Customer upon receipt of the Artwork from the shipping provider.
5.5. The Artist is not responsible for any delays, customs procedures, or additional fees charged by shipping carriers or international authorities.

6. Intellectual Property

6.1. All copyrights remain with the Artist. Purchasing an Artwork does not grant reproduction, resale, licensing, or commercial usage rights.
6.2. The Customer agrees not to reproduce, distribute, photograph for commercial use, sell prints, or otherwise profit from the Artwork without explicit written permission from the Artist.

7. Refunds & Returns

7.1. We accept returns only under the following conditions:

• The artwork arrived damaged in transit (must be reported within 3 days of delivery).
• The wrong item was delivered.

7.2. To be eligible for a return:

• You must contact us at shimovaart@gmail.com within 3 days of receiving the artwork.
• The artwork must be returned in its original condition and packaging within 14 days after your return request is approved. Return shipping is the buyer’s responsibility unless the item arrived damaged or incorrect.

7.3. We do not accept returns for:

• Change of mind.
• Custom or commissioned artworks.

7.4. If a return is authorized:

• Once the return is received and inspected, we will notify you by email whether your refund has been approved.
• If approved, a refund will be issued to your original payment method within 5–10 business days.
• Shipping costs are non-refundable unless the return is due to our error or damage during transit.

7.5. For damaged items:

• Please take clear photos of the packaging and the artwork.
• Email them to us at shimovaart@gmail.com within 3 days of delivery.
• We will either offer a full refund or ship a replacement if available.

8. Governing Law

This Agreement is governed by the laws of the State of Florida, United States (Miami jurisdiction), without regard to conflict of law principles.

9. Contact

For any questions regarding orders, delivery, or this Agreement, please contact:
Email: shimovaart@gmail.com
Phone: +1 305 767 5223
Artist Website: www.shimovaart.com

10. Final Provisions

10.1. By purchasing an Artwork, the Customer confirms that they understand and agree to all terms outlined above.
10.2. If any part of this Agreement is deemed unenforceable or invalid, the remaining provisions remain in full force.