The following Terms & Conditions are for the purchase of original artwork or prints by Ceilon Aspensen. The following information is understood as agreed upon and accepted by the purchaser once the purchase has been made and checkout from the website has been completed.
DEFINITIONS:
Artist – The individual that created teh Work (Ceilon Aspensen)
Purchaser – The individual purchasing the Work.
Work – The form of service created by the Artist available for sale to the Purchaser per the Agreement of Purchase. “Work,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein.
Agreement of Purchase – The purchase receipt received by the Purchaser and the Artist at the completion of the online sale. Additional details such as framing, mounting or shipping costs, are noted in the receipt and subject to this agreement. This agreement does NOT include any transfer of copyright from the Artist to the Purchaser, implied or otherwise. The Artist retains all copyrights in perpetuity. The Purchaser does not have the right to reproduce the image in any form, physical or digital, for any reason whatsoever, and to do so is a copyright violation punishable by law.
Profile(s) – Online locations where the Work may be displayed (e.g., “galleries,” such as ceilon.com, Facebook and Instagram albums, or any other social media platform, online galleries, etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Work may be displayed without notifying the Artist first, or as agreed upon in the Agreement of Purchase. To do so is a copyright violation punishable by law.
Personal Space – Non-public, offline locations (e.g., home or office); i.e., no business involving the Work is being conducted.
Public Space – Offline locations that do not fall under “Personal Space” above.
Transfer of Copyright – The circumstance in which the Artist and Purchaser agree to transfer Copyright of the Work from the Artist to the Purchaser. Ceilon Aspensen NEVER transfers copyright to the Purchaser for any reason, and this agreement expressly EXCLUDES the transfer of copyright. Ceilon Aspensen reserves all copyrights to the Work in perpetuity.
TERMS:
1. Sale – The Artist hereby sells or transfers the Work to Purchaser at the agreed value written above in the Agreement of Purchase.
2. Payment – Full payment must be made at checkout which is equivalent to signing of the Agreement of Purchase. In the event that payment is made in installments, ownership of the Work will only pass from the Artist to Purchaser on receipt of payment in full. The Work will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Agreement of Purchase (i.e. bank account transfer or PayPal).
NOTE: All prices are specified as United States Dollars ($UD). It is the Purchaser’s responsibility to ensure that they have converted currencies based on current exchange rates
3. Retransfer – If the purchase is for original work, and if the Purchaser in any way sells, gives or trades the Work, if it is inherited from the Purchaser, or if a third party pays compensation for its destruction, the Purchaser (or the representative of his/her estate) must notify the Artist within thirty (30) days. If the Work is not destroyed but merely sold, gifted, or passed on through inheritence. The Purchaser must provide the Artist with the name and contact details for the new owner within thirty (30) days.
4. Transferees Bound – If anyone becomes the new owner of the Work, with notice of this contract, that person shall be bound to all its terms.
5. Copyright & Reproduction – The Artist retains full copyright and reproduction rights of the Work unless otherwise stated and agreed upon in the Agreement of Purchase. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the artwork. The artwork may not be reproduced, sold or used for any profitable purpose without the expressed written permission by the Artist.
6. Notice of Exhibition – In the case of purchase of an original Work, before committing the Work to a show, the Purchaser must give the Artist notice of intent to do so, telling the Artist all the details of the show that the Purchaser then knows. The show and/or venue must conform to the terms set forth under the definition of Profile(s) above.
7. Competitions – Under no circumstances may the Purchaser submit the Work to any kind of online or offline contest.
8. Non-Destruction – The Purchaser will not permit any intentional destruction, damage or modification to the Work.
9. Restoration – If the Work is damaged, the Purchaser will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.
10. Authenticity & Provenance – In the case of purchase of original artwork, upon request, the Artist will furnish the Purchaser and their successors a written history and provenance of the Work, based upon the Artist’s best information as to shows. A Certificate of Authenticity (signed and dated by the Artist) is provided with each original artwork or limited edition print, and is provided as a pdf at the time of purchase of any original via email, as well as a hard copy via U.S. postal service.
11. Prints & Merchandise – The Artist has the right to allow the Work to continue to be sold as general prints and merchandise through their physical location, online store at ceilon.com, or any other online print-on-demand outlet, at their own discretion, unless otherwise signed in the Agreement of Purchase.
12. Artist’s Access – The Artist may have access to photograph the Work at no expense to Purchaser and upon reasonable notice to Purchaser.
13. Notice – A Notice has been attached to all original Work, and limited edition prints, and must be permanently affixed to the Work, warning that ownership etc., is subject to this contract. If, however, a document represents the Work or is part of the Work, the Notice must instead be a permanent part of that document.
14. Expiration – This contract binds the parties, their heirs, all their successors in interest, and all the Purchaser’s obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and Artist’s surviving children plus seventy (70) years, unless otherwise stated.
15. Moral Right – The Purchaser will not permit any use of the Artist’s name or misuse of the Work which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Work.
16. Promotion – The Artist may use any images of the Work for promotional purposes. The Artist may also sell Limited Edition Prints, as well as unlimited prints, and prints on demand, of the Work. Merchandise for the Work may be available at the Artist’s discretion.
17. Expenses – The Purchaser will will pay costs and expenses, including insurance, for the crating, packing and shipping of the Work for delivery to the Purchaser.
18. Address Notice – The Purchaser is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.
19. Damages, Theft & Misplacement – The Artist is not responsible for any damages made to the Work except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Purchaser should this occur. The Artist is also not responsible for any theft or misplacement of the Work. The Artist will ensure packaging of the Work is safe and secure, and will provide postage and tracking details to the Purchaser once the Work has been posted. The Purchaser is required to purchase shipping insurance to cover any costs associated with damage to the work in transit, including replacement costs to the Artist if the Purchaser decides not to keep the work. The Purchaser accepts all possible risks once the Agreement has been signed and payment made at online checkout. If damages have occurred, the Purchaser must notify the Artist within seven (7) days of receiving the Work, and must provide evidence of said damages. The Purchaser must follow through with the shipping insurance provider to receive remuneration for the damaged work. Any damages or misplacement caused at the fault of the Purchaser or during the Purchaser’s possession will not be refunded.
20. Refund Policy – If the Purchaser is unsatisfied with the Work for an appropriate reason, they must contact the Artist within seven (7) days of receiving the Work. Disliking the Work or change of mind are not considered for a refund. The Purchaser must state if they want a full refund or an alternative replacement. The Purchaser will have thirty (30) days to send the Work back to the Artist, otherwise a refund will not be made. The Purchaser must return the Work in original packaging with all documents, including this Agreement and invoice. Postage/shipping costs and expenses will be paid by the Purchaser. The refund will be paid back in full to the Purchaser at the discretion of the Artist once the Work has been received and in the described condition. For refunds regarding damages or misplacement in transit, please see Terms 17 and 19 above.
21. Miscellany – This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of the state of Montana in the country of the United States of America.
22. Damages – The Artist has the right to pursue damages under United States Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.